Wednesday, 28 December 2011

Farmer menaced with death threats by gang of travellers dials 999... and police turn up to confiscate her shotguns

Officers took 35 minutes to arrive after she was threatened with chainsaws and knives
  • She was pelted with rocks while a youth threatened to slit her throat and slaughter her cattle
Treated like a criminal: Terminally ill Tracy St. Clair Pearce was pelted with rocks by some of the travellers while a youth threatened to slit her throat and slaughter her cattle
Treated like a criminal: Terminally ill Tracy St. Clair Pearce was pelted with rocks by some of the travellers while a youth threatened to slit her throat and slaughter her cattle
Having confronted travellers cutting down trees on her farm, terminally-ill Tracy St Clair Pearce found herself subjected to a terrifying ordeal.
Some of the group pelted her with rocks while a youth threatened to slit her throat and slaughter her cattle.
When she dialled 999 she expected the full weight of the law to be on her side.
Instead, however, police officers criticised her for inflaming the situation and confiscated her legally held shotguns – even though they had been locked away in a cabinet at home throughout the incident.
Yesterday, the 50-year-old accused police of causing her ‘harassment and distress’ when she should have been given protection.
‘I’ve been treated like a criminal,’ said Miss St Clair Pearce, who has been given months to live after breast cancer spread to her spine.
The incident blew up after around 18 caravans set up camp illegally in a field owned by Colchester Council last Thursday.
Miss St Clair Pearce, who lives on the adjoining Seven Saints Rare Breeds farm with her brother, Stuart, had a good-natured conversation with one traveller who assured her they would be no trouble and would move on within a couple of days.
But at 7pm on Good Friday she was spraying weeds on the 34-acre farm, where she has ten rare Shetland cattle and three horses, when she heard a chainsaw and found four boys felling trees for firewood.
‘I started shouting “Get out” but they just stood there in my field,’ she said. ‘I said I would spray them with the weed killer and one in a red T-shirt, who was about 14, went ballistic. The language coming out of his mouth was unbelievable.

 
‘I had a short-bladed knife in my hand for the weed removal and he took that as a challenge. He picked up a fence post and hurled it at me. He then screamed “I will slit your throat, I will slit the throats of your calves and cows”. We were face to face and he slid his finger across his throat.’
Miss St Clair Pearce stood her ground and the youth retreated across the brook that marks the border of her land but by this time several traveller men and a woman had come over.
Threats: The incident blew up after around 18 caravans set up camp illegally in a field owned by Colchester Council last Thursday
Threats: The incident blew up after around 18 caravans set up camp illegally in a field owned by Colchester Council last Thursday
One was the boy’s father, who used ‘sexually explicit language’ before turning away when asked if he was proud of his son. ‘About eight people were still there and they exposed themselves to me, front and back. Then they started throwing rocks at me so I backed off,’ added Miss St Clair Pearce.
Shaken by the confrontation, she called police and waited 35 minutes for a patrol car to arrive before spending three hours giving a statement. An inspector arrived at 11.30pm but questioned her own conduct, accusing her of making threats against the travellers. ‘They said I had been aggressive, the chainsaw was of no consequence, and I should have politely asked them to remove themselves from my premises then walked away and called 999,’ said Miss St Clair Pearce.
Officers eventually visited the camp that evening and the following morning but told her they were unable to find the teenager who had threatened her.
On Easter Monday she was at a dog show when she received a call from Colchester councillor Gerard Oxford, whom she had contacted for advice, and was told police wanted to confiscate her two shotguns.
She refused to start the two-hour journey home immediately and officers began turning up at the farmhouse ‘every couple of hours’ in an attempt to seize the legally held shotguns.
Despite being threatened with chainsaws and knives, police confiscated Mrs St Clair Pearce's shotgun (file picture)
Despite being threatened with chainsaws and knives, police confiscated Mrs St Clair Pearce's shotgun (file picture)
At 3.15am yesterday armed officers appeared and demanded the firearms otherwise they would ‘pull the cabinet from the wall’.
Left with no choice, Miss St Clair Pearce told her brother where she kept the key and he handed the weapons over.
Officers returned later yesterday and confiscated her gun licence to ‘prevent me buying another shotgun’.
Her brother said: ‘I am in shock. I thought the laws in this country protected people who live and work in their communities – not those who visit for a short time and think they are beyond the law.’
The travellers refused to comment when approached yesterday.
Mr Oxford said: ‘The way Tracy has been treated has been quite appalling. It was quite evident the officers were putting more weight on making sure that the travellers were ok than the threats which had been made to Tracy’s life.’
Essex police confirmed they had not yet arrested anyone in connection with the incident.
A spokesman said: ‘Officers became concerned at the behaviour of a woman and laid information before magistrates accordingly.
‘They were given powers to seize guns in her possession and have done so as a sensible precaution in the circumstances.’

Saturday, 24 December 2011

Pakistan Christian Marriage & Dissolution


Christian marriage is a voluntary union for life between a man and a woman, to the exclusion of all others. Family matters among the Christian community are dealt with by the Christian Marriages Act of 1872 and the Divorce Act of 1869. One of the problems facing the community is the contradiction between the Christian Marriage Act and the Child Marriage Restraint Act of 1929 which sets the minimum age for marriage.


Essentials
  • Minimum age: girl: exceeding 13 years boy: exceeding 16 years
  • either party to be Christian (in practice priests do not solemnise marriages unless both parties are Christian)
  • free consent of both in public before 2 witnesses* see note below
  • notice of marriage three consecutive calendar months before marriage
  • registration of marriage with Registrar
  • certificate of marriage
  • solemnised in church, or with special permission, at private residence.
  • Prohibited: certain marriages between relatives (related by blood and by affinity) are prohibited but these are not clearly defined in the Act
Note:   
  • according to the Act (Sec.19 & 60), if either of the spouses has not exceeded 18 years of age the certificate of marriage will not be issued unless the consent of the father/guardian/mother has been given.
  • polygamy is strictly prohibited among Christians


Who Can Somnise Marriage ?
  • any person who has received Episcopal ordination provided the marriage is solemnised in accordance with rules, rites, ceremonies, customs of the church of which he is a Minister
  • any clergy of the Church of Scotland * see note below
  • any minister of religion holding a licence under the Christian Marriages Act
  • a Marriage Registrar appointed under the Act
  • any person appointed under the Act to grant certificate of marriage to native Christians
Note:    there is now no Church of England or Scotland in Pakistan. It is known as the Church of Pakistan


Penalities for Violation:


There are strong penalties of fine and imprisonment (in some instances up to 10 years) for violation of the . provisions in the Christian Marriages Act by the parties and/or the Registrar. However implementation is very rare.


Dissolution of Christian Marriage:


Since marriage among Christians is regarded as a holy union, the primary concept of dissolution of marriage is through the death of one of the spouses and divorce during their lifetime is permitted only on very restricted grounds for both husband and wife. There is no concept of unilateral divorce and the courts have to be approached (although in practice, the Church does also grant dissolution of marriage).


Procedure for Divorce    
                                   
by husband under Sec.10 of the Divorce Act 1869 in the Family Court
Grounds: wife guilty of adultery
____________________________________


Procedure for Divorce


by wife under Sec.10 of the Divorce Act 1869 in the Family Court
Grounds:
husband guilty of adultery and

since solemnisation of marriage husband converts to another religion; or

husband is guilty of incestuous adultery; or

husband is guilty of bigamy with adultery; or

husband is guilty of marriage with another woman with adultery; or

husband is guilty of rape, sodomy or bestiality; or

husband is guilty of adultery coupled with cruelty

husband is guilty of adultery coupled with desertion without reasonable cause for 2 years or more
____________________________________


Nullity of Marriage & Judicial Separation


Nullity of Marriage: Any wife or husband can approach the courts to have her/his marriage declared null and void on any of the following grounds under Sec 18 & 19 of the Divorce Act 1869 (the children of an annulled marriage however are legitimate and can inherit):
  • husband was impotent at the time of marriage and remains so
  • husband and wife fall within the prohibited degrees of consanguinity (natural & legal) or affinity
  • husband or wife was a lunatic or idiot at the time of marriage
  • former husband or wife of spouse is living and former marriage was still in tact
  • consent of husband or wife for marriage was taken by force or fraud
Judicial Separation: The wife or the husband can approach the courts to seek a judicial separation onthe grounds of adultery or cruelty or desertion without reasonable cause for 2 years or more.

Friday, 23 December 2011

What is a Civil Case?

A civil case is the one having civil nature of dispute between the parties. There are many kinds of civil cases which are mainly governed under the code of civil procedure, 1908 in Pakistan. Civil cases usually take longer time because many of them demand reconciliation and agreements between the parties to some extent. Another aspect is that the remedy in civil cases is mostly in shape of damages or they demand acts which should be done in consequences. Parties are usually not penalized in the civil cases which makes them longer.
Code of civil procedure, 1908 is an obsolete act and it should also be repealed. There are many flaws in this enactment which delay the process of justice. The civil cases keep lingering on and in most of the cases the plaintiff dies because his/her entire life is wasted fighting a civil case.
Some of the examples of civil cases include partition matters, suits for declaration, suits for permanent injunctions, suits against personal wrongs, suits under the law of torts, suits related with specific performance of contracts, succession matters and so on.

Criminal Procedure Code should be repealed

The code of criminal procedure 1898 is still the main statute that governs the criminal process of justice in Pakistan. That statute has been written and promulgated over 112 years ago. That statute was never a perfect one and for the same reasons it has many flaws in this current era. It should be repealed and a fresh criminal procedure code should be implemented according to the requirements of this era.
Code of criminal procedure 1898 is one of the bones of contention in the administration of justice in Pakistan. One of the main reasons because of which the innocent have to spend long times in the jails is this statute. Similarly many professional offenders take benefit because of the deficiencies in the law.
This era demands a new enactment from the parliament that can speed up the process of justice in the Pakistani courts. There are many problems faced by the people because of problems in Criminal Procedure code from the start of criminal trial till the end and many judgements from the superior courts highlight that again and again.

Monday, 19 December 2011

Corporate Lawyer Islamabad

I am one of the best corporate lawyer based in Islamabad. I can guide you in company matters, contracts, agreements, memorandum of understandings, bids, tenders, company registration, firm registration, ngo registration, npo registration, society registration, banking laws, employment laws and in many other similar corporate matters.
You can consult me at your own convenience. My contact details are mentioned on the right side of this page.

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Salman Khan Golra
Corporate Lawyer

Civil Lawyer Islamabad

I am a professional civil lawyer based in Islamabad, Pakistan. I have dealt in the disputed properties, partition matters, recovery of money cases, specific performance of contracts, inheritance matters, service matters, declaration suits, civil appeals, order 37 suits, civil revisions and many other cases of similar nature in recent years.
A fact is that civil cases usually take good time which means there is a delay in procedural justice. For the same reasons i suggest many people to not to file cases when the expected relief is not good.

Divorce Lawyer in Islamabad

I am a divorce lawyer in Islamabad because it is one of my specialty areas. I am very much familiar with the grounds of Khula and i am in habit of guiding various people free of cost even when they do not hire my services. I always prefer to save homes because divorce is not considered good in Islam. However when there are no reasonable grounds for reconciliation under the Islamic law then i prefer to help in the most perfect manner.
Usually a khula case takes time between 3 to six months depending upon the circumstances of the case. You can always consult me free of cost on the phone, on the email or by visiting my office personally at Islamabad.


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Salman Khan Golra
Advocate

Family Lawyer Islamabad

If you are looking for a family lawyer in Islamabad then probably i am the best person you can choose. I have plenty of experience in dealing with family cases related with Khulla, dessolution of marriage, talaq, restitution of conjugal rights, child custody, writ of habeas corpus and so on.
I have good grip on Shariah Law as well as Pakistani legal system. I always prefer reconciliation between the parties at the first instance if the matter is reconcilable. You can always visit my office for free consultation as i charge nothing for consultation and i charge a nominal fee for family suits depending upon the nature of cases.

Criminal Lawyer in Islamabad

If you are looking for criminal lawyer in Islamabad then you can hire my services. I have experience in dealing with matters including various offenses under Pakistan Penal Code. I have appeared in the criminal trials of 302, 324, 337, 395, 392, 411, 420, 468, 471, 506, 406, 489-F and many other offenses covered under PPC. Similarly i have pleaded matters regarding drug act, control of narcotics substance act, hadood ordinance, 9-C and 9-B. I am a young lawyer in Islamabad which means i can perform with lots of energy and hard work if i get a reasonable fee according to the merits of a case.

Lawyer in Islamabad

If you are looking for a family lawyer, corporate lawyer, civil lawyer, criminal lawyer or an immigration lawyer in Islamabad then you can contact me. I have three years experience in all these niches of law. I am currently appearing in the courts of Islamabad and Rawalpindi and i offer free consultation on all legal matters. I only charge fee for services which i render to my clients.

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Advocate

Sunday, 18 December 2011

Article 6 of the Constitution of Islamic Republic of Pakistan

6. High treason.

[4A][(1)Any person who abrogates or subverts or suspends or holds in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance, the Constitution by use of force or show of force or by any other unconstitutional means shall be guilty of high treason.]
(2) Any person aiding or abetting [4B][or collaborating] the acts mentioned in clause (1) shall likewise be guilty of high treason.
[4C][(2A)An act of high treason mentioned in clause (1) or clause (2) shall not be validated by any court including the Supreme Court and a High Court.]
(3) [5] [Majlis-e-Shoora (Parliament)] shall by law provide for the punishment of persons found guilty of high treason.

Article 47 of Constitution of Islamic Republic of Pakistan


47. Removal [22][or impeachment] of President.
[22A](1) Notwithstanding anything contained in the Constitution, the President may, in accordance with the provisions of this Article, be removed from office on the ground of physical or mental incapacity or impeached on a charge of violating the Constitution or gross misconduct.
(2) Not less than one-half of the total membership of either House may give to the Speaker of the National Assembly or, as the case may be, the Chairman written notice of its intention to move a resolution for the removal of, or, as the case may be, to impeach, the President; and such notice shall set out the particulars of his incapacity or of the charge against him.]
(3) If a notice under clause (2) is received by the Chairman, he shall transmit it forthwith to the Speaker.
(4) The Speaker shall, within three days of the receipt of a notice under clause (2) or clause (3), cause a copy of the notice to be transmitted to the President.
(5) The Speaker shall summon the two Houses to meet in a joint sitting not earlier than seven days and not later than fourteen days after the receipt of the notice by him.
(6) The joint sitting may investigate or cause to be investigated the ground or the charge upon which the notice is founded.
(7) The President shall have the right to appear and be represented during the investigation, if any, and before the joint sitting.
(8) If, after consideration of the result of the investigation, if any, a resolution is passed at the joint sitting by the votes of not less than two-thirds of the total membership of [23][Majlis-e-Shoora (Parliament)] declaring that the President is unfit to hold the office due to incapacity or is guilty of violating the Constitution or of gross misconduct, the President shall cease to hold office immediately on the passing of the resolution.

Friday, 16 December 2011

Study visa process for germany

EU citizens and citizens from some other countries (Honduras, Island, Liechtenstein, Monaco, Norway, San Marino, Switzerland and the United States) do not need a visa to enter Germany. Everybody else must apply for a visa for study purposes via the German diplomatic representation in their home country. Students must not under any circumstances travel to Germany on a tourist visa. If students have intention to study in Germany but have Tourist Visa then Tourist visa cannot be transformed into Student or Applicant visa.
What conditions must students meet in order to get a student visa for study purposes?
  1. Students must possess a passport valid for the entire period of their proposed stay in Germany
  2. Students must present their notification of admission to a German higher education institution or preparatory course (Studienkolleg).
  3. Students must prove that he/she have sufficient financial means at their disposal. Further information is available from the German diplomatic representation in student's home country.
Can Students get a visa if they have not yet been admitted to a German higher education institution?
Yes, they can apply for a study applicant visa which is valid for 3 months and which can be converted into a full-fledged study visa for academic and research purposes after they have been admitted to a higher education institution.
Do Students need a visa if they wish to attend a language course in Germany?
Yes, students would need the language course visa. However it is only valid for the duration of the language course and cannot be converted into a visa for study purposes.

Friday, 9 December 2011

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