Tuesday, 20 May 2014

Requirements for registration of Union under Industrial Relations Act 2012 in the context of Domestic Workers

There is no special law for registration of trade union available for Domestic Workers in Islamabad. However, the only law for the registration of a trade union in Islamabad is captioned above. Let’s discuss some details regarding the registration of trade union in the context of domestic workers in the lights of IRA 2012.

One of the purposes of the Act is to rationalize and consolidate the law relating to the formation of Trade Unions.

The Act recognizes that Pakistan has ratified C-87(Freedom of Association) and C-98(Right to Organize Collective Bargaining) of ILO. The Act also recognizes the Right to Freedom of Association as envisaged in Article 17 of the Constitution of Islamic Republic of Pakistan, 1973. The Relevant Article is reproduced below:-

17.
Freedom of association:
(1)
Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of sovereignty or integrity of Pakistan, public order or morality.

(2)
Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party, subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan and such law shall provide that where the Federal Government declares that any political party has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan, the Federal Government shall, within fifteen days of such declaration, refer the matter to the Supreme Court whose decision on such reference shall be final.

(3)
Every political party shall account for the source of its funds in accordance with law.




Requirements

-    a. Trade Union is formed for regulating relations between employer and workmen.(Section 2(xxxi))

-         b. Workers or Employers can establish Trade Union. (Section 3)

-         c. A worker can join any trade union without previous permission.

-       d. No worker can be member of more than one trade union. If a worker joins a new trade union than the previous membership if any shall stand cancelled.

-         e. Constitution of Trade Union is Mandatory.

-         f. Trade Unions can have federations and confederations.

-         g. Registrar has powers to register trade union. (Section 5)

-     h. Registrar has powers to lodge complaints against trade unions directly and indirectly both. (Section 5)

-         i. Registrar can investigate and conduct inquiries against trade unions.

-  j. Application for registration with the signatures of president and secretary is mandatory. (Section 6)

-         k. Name of Trade Union is Mandatory.

-         l. Head Office of Trade Union shall be there with an address.

-         m. Particulars of Officers of Trade Union shall be provided along with Application.

-         n. Paid Membership Statement shall be filed along with registration application.

-         o. Statement of total number of employed workers in trade union is mandatory.

-     p. Statement of name of Establishment, industry or group to which trade union belongs is mandatory.

-         q. Statement of name of other trade unions in the establishment is mandatory.

-       r. Resolution for accepting constitution passed by Members of Trade Union along with signature of chairperson of the meeting is mandatory.

-         s. Three copies of constitution are filed with the application for registration.

-        t. Resolution by the members allowing president and secretary to file application is also mandatory.

-         u. Objects of Trade Union shall be given(Section 8)

-         v. Purpose of Fund Utilization shall be mentioned.

-        w. Number of Executive Persons which shall be at least 75% of workmen of union or establishment to which the union belong.

-         x. Member Benefits Procedure shall be mentioned.

-         y. All the members of trade union shall be part of industry to which it belongs.

-         z. Member Fine or forfeiture Procedure shall be mentioned.

-  aa. Maintenance of list of members shall be mentioned and the procedure of inspection of same.

-         ab. Procedure to Amend, Rescind and vary the Constitution shall be mentioned.

-   ac. Safe Custody of Funds, Audit and inspection of account books shall be mentioned.

-        ad. Elections to be conducted and the term of office bearers which shall not be more than two years shall be mentioned.

-         ae. Procedure of no confidence on any officer of trade union shall be mentioned.

-      af. Meetings of General Body and Executive shall be conducted at least once in three months.


-         ag. Dissolution of Trade Union shall be mentioned in registration documents.


Regards,
Salman Yousaf Khan
Advocate High Court
Chairperson
The Pleaders Trust

Friday, 16 May 2014

In how much time Divorce Certificate can be Obtained?

The process of obtaining divorce certificate takes 90 days in Pakistan... According to the provisions of section 7 of Muslim Family Law Ordinance, 1961 the process for obtaining divorce certificate shall be filed on the pronouncement of talaq to wife.. There is a notice of section 7 issued in that context to the chairman arbitration council as well as to the wife..

On receiving notice the chairman is bound to start the process.. There are three adjournments for reconciliation between the parties. 1st adjournment before the completion of 30 days, second adjournment before the completion of 60 days and third before the completion of 90 days. Once 90 days are passed, talaq or divorce becomes irrevocable.. In Pakistani law, the system of Talaq-e-Ahsan is incorporated. That gives a chance of reconciliation to parties even if single talaq is pronounced..

The period of Iddat in case of divorce starts from the pronouncement of first divorce. In practice there is no iddat for the girl who hasn't consumed marriage.. That rarely happens when there is no rukhsati. Staff in the union councils as well as in the arbitration councils issue divorce certificate on the first date of hearing in cases where there is no iddat..

If you have any queries related with divorce in Pakistan, do contact us at internationalawyerinfo@gmail.com

Regards,
Salman Yousaf Khan
Chairperson
International Lawyer
+92-333-5339880

Thursday, 8 May 2014

The concept of Will according to Holy Quran

The Holy Quran is the most read book in the entire world. It is the only scripture present in its original form as it was revealed on Prophet Muhammad (Peace Be Upon Him). The following versus Surah Albaqrah of the Holy Quran are clear on the concept of Will in Islamic Law:-


180. It is prescribed for you, when death approaches any of you, if he leaves wealth, that he make a bequest to parents and next of kin, according to reasonable manners. (This is) a duty upon Al-Muttaqun (the pious - see V.2:2).

181. Then whoever changes the bequest after hearing it, the sin shall be on those who make the change. Truly, Allah is All-Hearer, All-Knower.

182. But he who fears from a testator some unjust act or wrong-doing, and thereupon he makes peace between the parties concerned, there shall be no sin on him. Certainly, Allah is Oft-Forgiving, Most Merciful.

It means that even if a will is wrongly made then the Judge has powers to correct it in the lights of Islamic Law of Inheritance.

If you have any complication in any matter related with will, its implementation or any query related to it, feel free to write us at internationallawyerinfo@gmail.com

Regards,
International Lawyer
Team
+92-333-5339880

Monday, 5 May 2014

What is Superdari? Is it legal to purchase a Superdari Vehicle?

It is absolutely illegal to purchase a superdari vehicle. Please don't go near it even if you get it free of cost. Superdari means the custody of vehicle. Usually what happens is that when the police confines vehicles for any reasons, the owner or person in possession of that vehicle has the right to claim superdari of vehicle as long as for the time the case of such vehicle remains pending in the court of law.

When a person gets superdari from the court of law, there is a surety bond furnished against the order of judicial magistrate for such superdari. According to that surety bond, the person getting the superdari from the court is liable to produce the vehicle whenever its demanded by the court.

In case of any violation of court order, the person giving surety can be held liable for that. Similarly if the case ends up declaring the vehicle faulty, the vehicle gets confiscated by the court of law. So the persons involved in the sale and purchase of superdari vehicle face dire consequences in case of any legal proceedings against the vehicle.

We offer superdari services to all those who are bonafide purchasers of vehicles. If there vehicles are confined by police for any reasons, we get them the vehicles during the pendency of suits. For more on this you can write us at internationallawyerinfo@gmail.com

Regards,
Salman Yousaf Khan
International Lawyer
+92-333-5339880

Punishment of Murder According to Holy Quran

There is a concept of Qisas in Islamic Law. The following versus of the Holy Quran are very clear on what to do in case if any person kills another person.

178. O you who believe! Al-Qisas (the Law of Equality in punishment) is prescribed for you in case of murder: the free for the free, the slave for the slave, and the female for the female. But if the killer is forgiven by the brother (or the relatives, etc.) of the killed against blood money, then adhering to it with fairness and payment of the blood money, to the heir should be made in fairness. This is an alleviation and a mercy from your Lord. So after this whoever transgresses the limits (i.e. kills the killer after taking the blood money), he shall have a painful torment.

179. And there is (a saving of) life for you in Al-Qisas (the Law of Equality in punishment), O men of understanding, that you may become Al-Muttaqun (the pious - see V.2:2).

The person who forgives has high honor in Islam. God love those who love humans. It is in the discretion of the victims of deceased to forgive the offender or not in case of murder.

Sunday, 4 May 2014

Can a divorce case be filed through Attorney?

Yes a divorce case can be filed through Attorney.. It is an internationally accepted principle. However, an exception to this principle is present in many countries because of which some judges invite the spouses in their courts in person.

There are reconciliation proceedings as part of divorce cases wherever they happen. It is best that the husband and wife sit together in such proceedings in person. That is why it is always preferred that an attorney may not sit in such proceedings instead of one of the spouses.

In Pakistan there is section 18 in Family Courts Act, 1964 which allows the parties to pursue their cases through attorneys. In practice it happens rarely but some cases are decided this way also.

If you wish to reconcile a divorce case, obtain divorce or hire the best lawyer for divorce cases, you can contact us at internationallawyerinfo@gmail.com

Regards,
Salman Yousaf Khan
International Lawyer
+92-333-5339880

Is it wise to be a guarantor?

It is never wise to be a guarantor. Usually people become guarantors for others in their difficult times. People who become guarantors are usually very close to those of whom they become guarantors. The are brothers, sisters, parents, children or close friends in usual cases.

A thing is that the guarantor becomes the defaulter in case if the person whose guarantee he gives defaults. That brings the guarantor in very odd position. Legally speaking the guarantor is liable to compensate the loss inflicted by the person on whose behalf he/she guarantees.

If the guarantor doesn't compensate for the loss as per the terms of document he/she signed being a guarantor, such a person has to face dire consequences. The property of guarantor can be attached and auctioned through court. Similarly in some matters, the guarantor can be arrested by the court of law.

If you are facing any legal consequences being a guarantor, do write us at internationallawyerinfo@gmail.com

Regards,
Salman Yousaf Khan
International Lawyer
+92-333-5339880

What is Bank Guarantee?

Bank Guarantee is a document issued by bank to the person on whose behalf the bank stands as guarantee. This document is commonly used in the corporate world. Especially in International Transactions, Bank Guarantee has a very positive role.

What happens in Bank Guarantee usually is that bank makes sure that the person on whose behalf its giving guarantee has a worth more than the amount mentioned in such guarantee. Usually banks take cash amounts from that person or mortgages his her property as surety.

A common trend is that Bank Guarantees are exchanged in international transactions against the goods purchased. That brings confidence on the part of seller that he/she will be get paid eventually by the purchaser. Similarly the purchaser knows that he/she will get the product for sure as per the settled terms.

If you are facing any legal complications regarding the bank guarantee, do write us at internationallawyerinfo@gmail.com

Regards,
International Lawyer
Team
+92-3335339880 

What is the legal status of a Guarantor?

Guarantor is a person who gives guarantee on behalf of another person. It means that in case of default the guarantor takes the place of person whose guarantee he gives. It is something very dangerous for the guarantor.

Wise people prefer not to be guarantors for others. The reason is that there is plenty of risk in being a guarantor for anyone. The deals in which guarantee is required are usually of uncertain nature. There is likelihood of there being turning unsuccessful at the end of day.

If you are obliged by anyone to become a guarantor, try to skip that part. Because such a person may bring trouble at your end. It is wiser never to sign any guarantee cheques. Similarly it is best to stay away from signing bonds of guarantee or surety for others.

If you are facing any problem regarding guarantee or surety, do write us at internationallawyerinfo@gmail.com

Regards,
International Lawyer
Team
+92-333-5339880

Saturday, 3 May 2014

How to obtain a Marriage Certificate of someone?

Marriages are civil contracts that are of public nature in all countries and in all religions. No religion, state or government declares the marriage as a private contract. The reason is that marriage is considered a holy practice and hence it is considered best when its public.

Marriages are registered in all states of the world. The forums which register marriages contain original marriage certificates or at least copies of the same. They are available as public documents. These can be obtained by merely following the process of law of that particular forum.

For example mostly marriages are registered at the Arbitration Councils in Pakistan. Copy of Marriage certificates are present in the record rooms of arbitration councils. These copies are easily obtainable by the legal process.

If you wish to obtain copy of Marriage certificate of anyone anywhere, you can contact us at internationallawyerinfo@gmail.com

Regards,
International Lawyer
Team
+92-333-5339880

How Public is a Court Marriage?

One of the primary concerns of people going for court marriage is to keep it a secret. The reason is that the spouses wish to disclose court marriages at suitable times to convince their families.

Legally speaking court marriage has spouses, at least 2 witnesses, Person contracting the marriage and Lawyer processing the documents.. Apart from them no one can leak information regarding the court marriage..

Another aspect is that the marriage is registered at a proper forum. That could be an arbitration council, union council, church, temple or any other forum. The contract of marriage is a public document.. A copy of this document is always submitted to that forum for record. Since its a public document, it can be seen or obtained by any person willing to have it.

The conclusion is that court marriages are public no matter how much they are concealed from public. The best is that people should never waste time once they did court marriage. It is wiser to make it public and live happily afterwards so that further complications don't arise.

We offer our services for court marriages in Pakistan and Abroad. For more write us at internationallawyerinfo@gmail.com

Regards,
International Lawyer
Team
+92-333-5339880

Friday, 2 May 2014

Focused on Independents, Victims & Victimization.



An inveterate early adopter of digital technology, Criminal Defense, Business Resource & Corporate Law Interventionist Inamullah Ansari Esq. was frustrated that, wherever his work took him, he still had to rely on the crude resources of pen and paper for note-taking, scheduling, and the like. There had to be a better way; Could technology provide?

Eagerly, Inamullah Ansari Esq. purchased each new portable device as it burst forth all sparkle and hoping that he could finally leave the paper world behind.

Alas, his disappointments mounted until, just as PAK and UAE Lawyers Jobs said it would, Apple produced the near miraculous iPad. Shortly thereafter, while sitting in a Consulting Chamber with his coffee, Mr. Ansari Esq. was compelled to use a pen one last time to sketch the practice management application that became Case Manager for iPad, the world's first digital organizer. Its initial version was programmed in Hoboken New Jersey, and debuted in the iTunes App Store the eleventh month of 2011.

In no time, Mr.Ansari Esq. was hard at work on version 2.0, because the second law of digital technology is that the current version of anything can and should be improved upon. (The first law belongs to Intel's Gordon Moore.) The launch of Case Manager Version 2.0 began to attract the attention of the emerging legal blogosphere. Favorable reviews ensued. Mr. Ansari Esq. brought in partner Khair For Families Organization, Australia and Salman Yousaf Khan an International Lawyer to shoulder the marketing end of the business and they were off.

Meanwhile, Google had launched its excellent mobile platform Android and Microsoft introduced its Windows tablet Surface. Even Blackberry seemed ready to heave itself out of irrelevance and into the tablet fray.

Cloud Computing Apps grew with the explosion of mobile applications. Yet our focus has stayed resolutely on providing Independents, Victims & Victimization with a fast, light and inexpensive solution for practice management. Cloud Computing Apps now serves all major platforms—iPad, iPhone, Android phones and tablets and Windows.

You are urged to examine the benefits of Cloud Computing on the platform of PAK and UAE Lawyers Online your choice in this digital World. Free at last!

INAMULLAH ANSARI
Active LawGuru Attorney
Advocate & Interventionist
Skype @ pakanduaelawyers
Director-Pakistan KFF-Australia.
National Tax Number 0255004-7
+92(0)3332244634 / 3002176393.
pk.linkedin.com/in/inamullahansari/
National Identity Number 41304-5480973-3.
Sindh Bar Council # 14906/High Court/Karachi


PAK and UAE Lawyers Online advising to ensure extension of special assistance and due care extended maximum assistance and priority to senior citizens, disabled and handicapped persons in using their Legal needs as far as possible in meeting their genuine requirements in order to alleviate their hardship.

"We Musalmans in general & young men in particular do not know the value of money. A paisa is saved today is two paisa tomorrow, four paisa after that & so on and so forth. Because of our Addiction to living beyond means and borrowing money we lost our sovereignty over this sub-continent". Quaid-e-Azam in Ziarat 1948.



Thursday, 1 May 2014

In how much time a NGO is registered in Pakistan?

There are different kinds of NGOs registered in Pakistan. The main difference is in their registration procedure and costs. They are different because different institutions govern them and they are registered under different acts. Some of the commonly registered NGO's include the following:-

- Trust is registered under The Trusts Act, 1882.
- Volunteer Social Welfare Organization (Non Profit Organization) is registered under the Volunteer Social Welfare Act (VSWA), 1961.
- Society is registered under The Societies Registration Act, 1860
- Foundation is Registered under The Companies Ordinance, 1984

The easiest to be registered is the Trust as it takes hardly 15 days time and cost involved in it is less. The hardest is the Foundation as it involves heavy fee and at least 66 working days time period.

We advice our start up customers to go for Trust and the bigger organizations to go for Foundation Registration.. For more write us at internationallawyerinfo@gmail.com

Regards,
Salman Yousaf Khan
International Lawyer
+92-333-5339880


In how much time a Khula case ends in Pakistan

Khula is a divorce taken by a female according to Islamic Law. It is a right given to her by Almighty Allah in the Holy Quran.

Generally speaking Khula cases end up within 2 to 6 months in Pakistan. The reason is that there is a provision in section 10(4) of Family Courts Act, 1964 according to which the Judges are bound to try reconciliation between parties at pre-trial stages. These proceedings are called pre-trial reconciliation proceedings. If such proceedings turn successful the case ends up in consent decree.

If pre-trial reconciliation proceedings fail in a Khula case then it results in the decree of Khula in favor of Wife. However, all cases do not end up like this. Some clever lawyers know how to linger on Khula cases. Such cases are rare but they lasts for years at times.. Its about spending and using the means to delay the process..

For more details regarding your case do write us at internationallawyerinfo@gmail.com

Regards,
Salman Yousaf Khan
International Lawyer
+92-333-5339880 

In how much time a guardian case ends in Pakistan?

A guardian case is filed by the person having locus standi.. For example father, mother, grandparents, aunties and uncles of a ward are eligible to file that case. The case is filed in the jurisdiction where the child resides. The time period of guardianship case is dependent upon many factors.

In cases where one of the parents pass away and the other one files case without having disputes with the minor's grandparents, the case gets decided in 2 to 6 months time. We never know when a case ends in Pakistan. Various reasons for that include strikes by lawyers, holiday of judges, transfer of judges, terrorism attacks and so on.. However generally speaking 90% of Guardian cases end up before 6 months time.

In rare exceptions guardianship cases move for years. These are the circumstances in which the parties have disputes regarding the guardianship of minors. For example if parents get separated and they fight case over the custody of minors. Such cases take years especially when parties approach the High Courts.

For getting knowledge about your guardian case, do write us your situation at internationallawyerinfo@gmail.com

Regards,
Salman Yousaf Khan
International Lawyer
+92-333-5339880 

Contact International Lawyer

If you have any queries related with this post you can contact at internationallawyerinfo@gmail.com

Regards,
Salman Yousaf Khan
Chairperson
International Lawyer
+92-333-5339880