Bail Pakistan jailPre Arrest Bail (Grant of) Law and Procedure in Pakistan

Pre arrest Bail, more commonly known as anticipatory bail since it is a legal relief in anticipation of a possible arrest. This Bail form is considered difficult as compared to Post arrest Bail since this has to be obtained on maximum legal grounds as mere superficial facts are available and cases are in their infancy stage.

Simply put If any person apprehends that there is a move to get him arrested on false or trump up charges, or due to enmity with someone, or he fears that a false case is likely to be built up against him, or becomes aware of such case being lodged against him/her, he/she has the right to move the court of Sessions, the High Court or another court of competent jurisdiction under Code of Criminal Procedure for grant of bail in the event of his arrest, and the court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.

General Rules for Pre-Arrest/Anticipatory Bail (Grant of) in Pakistan

The court will weigh in various aspects before granting the Bail to the accused in Pakistan which include:

  • Mala fide, ulterior motives or false implication are essential for pre-arrest bail—Pre-arrest bail can be granted where the arrest of accused is imminent with ulterior motive, mala fides or due to his false implication apparent on the face of record. This normally happens when the purpose of a case/possible case is to malign the accused.
  • The gravity/seriousness  of the crime: As viewed in superior courts the fact that a case is serious such as murder, rape etc does not necessarily mean it is non-bailable. The gravity of allegation should not stand in way of grant of pre arrest bail.
  • As stated above it is an extraordinary relief for the common man therefore the law for Grant of pre-arrest bail in Pakistan helps protect innocent persons against victimization through abuse of law for ulterior motives.
  • Individual is willing and in physical form surrendering towards the Law with maximum cooperation.
  • Courts may take lenient view if the accused is facing health problems and prima facie the case has been lodged to malign the same.
  • Whether the accused was at the scene, where crime was conducted— Accused (petitioner) was neither present at the time of occurrence nor any overt act was attributed to him then the court granted bail in Achar Vs State 2011 YLR 1640 Sindh
  • Case is a civil dispute rather than criminal as claimed.
  • Jurisdiction of competent courts in Pakistan are very much outlined in law, therefore jurisdiction will als play a part in grant of pre arrest bail in Pakistan.

Conditions of  Pre-Arrest/Anticipatory Bail (Grant of) Law and Procedure in Pakistan

The Court of competent jurisdiction may include such conditions in the light of the facts of the particular case, as it may think fit, including:

  • a condition that the person shall make himself available for interrogation by the police officer as and when required;
  • a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer;
  • a condition that the person shall not leave the country without the previous permission of the court.
  • a condition that an X amount of money/monetary asset may be deposited with the court.

If you are Looking for immediate Legal relief in your case, Abori (Anticipatory bail) may be your first legal weapon in a court of Law. M&M helps both Pre arrest Bail Filing, Grant and opposition for our valued clients in all courts in Pakistan  and have a track record of excellent results.

Cheque Fraud: Bounced and Dishonored Cheques, Law and Remedy in Pakistan

Avoiding Cheque Fraud & Exploring Possible Legal Remedy

Bounced and Dishonored Cheques which form part and parcel of cheque fraud is one of the fastest growing financial crimes in Pakistan. Cheque defrauders are hardworking and creative. They constantly try new ways to beat the banking system and steal money from depositors/creditors and Lenders.

There are Four main types of cheque fraud:

  • Counterfeit – cheques not written or authorized by legitimate account holder.
  • Forged – Stolen cheque not signed by account holder.
  • Altered – an item that has been properly issued by the account holder but has been intercepted and the payee and/or the amount of the item have been altered.
  • Dishonestly  issuing  a  cheque. (Section 489F of Pakistan Penal Code)– Whoever dishonestly issues a cheque towards re-payment of a loan or fulfillment of an obligation which  is  dishonoured  on  presentation,  shall  be punishable with imprisonment which may extend to  three years, or with  fine, or with both, unless can establish, for which the burden of proof shall rest on him, that he had made arrangements with his  bank  to  ensure  that  the  cheque  would  be honoured  and  that  the  bank was  at  fault  in  not honouring the cheque.- Cheques issued with the intent of defrauding the drawer when there are no funds in account or the cheque is itself forged.

How can you protect yourself from fraud for items drawn on your account?

  1. Reduce the use of risk-prone cheques in favour of electronic payments such as wire payments, direct deposit and pre-authorized payments.
  2. Keep cheque stock in a secure location.
  3. Destroy unused cheques from closed accounts immediately.
  4. Checks and Balances – split responsibilities so that no one person is responsible for cheque issuance and reconciliation.
  5. Prompt account reconciliation – Reconcile your statements as soon as they are received.
  6. When re-ordering cheques, use a continuous set of serial numbers.
  7. Order only one set of cheques per account.
  8. When laser-printing cheques, issue multiple passwords to those responsible for cheque printing and use cheque paper with toner anchorage to permanently bond toner ink into the paper.
  9. Use high quality cheques employing a reasonable mix of security features.

In case you have been defrauded through a cheque you may go for several remedies available under law:

  • Report any old outstanding cheques and suspected fraud on your account immediately to the Financial institution/Bank.
  • Negotiating with Banker or Default parties.
  • Send Legal Notice to Defaulter for Payment of Cheque
  • Registration of F.I.R U/S 489F Pakistan Penal Code.
  • Reporting to FIA Electronic Frauds or Local Police Station
  • Effecting FIR by use of 22A/22B if required.
  • Effecting arrest and recovery
  • Civil and Criminal Litigation in Banking Court, Civil Court of Superior Judiciary in Pakistan.

As the banking sector in Pakistan developed over the last two decades,  need  was  felt  to introduce new  laws  in  the field of Banking  in general and with regard to  the  treatment of a “bank cheque”  in particular, keeping  in view  the
frequency of events of dishonouring of bank cheques. If you need any assistance which involves Financial Crime committed with respect to cheques we are here to help. We have a renowned name in Banking Law Litigation in Pakistan  with several reported judgements in law digests of Pakistan therefore we assure maximum relief to you after assessing your case on merits and facts.

Just leave a message and we will get back to you promptly.Cheque Fraud: Bounced and Dishonored Cheques, Law and Remedy in Pakistan, For any of these M&M is here to help.

 

Lawyer Advocate Required in Pakistan

Every company registered in Pakistan, having paid up capital of Rs.500, 000 or more is required to appoint a legal adviser / Advocate or a Lawyer approved by Bar Council in terms of the Companies (Appointment of Legal Advisors) Act, 1974, (the Act). In case of failure to appoint a Legal Advisor renders the manager or other responsible officer of the company liable to imprisonment which may extend to three months or fine, or both.

In different regimes (Appointment of Legal Advisors) Act, 1974, has been enforced through Law making bodies. The Sindh High Court, vide its order dated 16 March, 2010 directed the SECP to compile and provide to the Secretary Finance, Government of Pakistan, a report containing the names of all companies who have not appointed legal advisors / Advocates/ Lawyer in terms of the Act, for the purpose of initiating necessary action against them as per law.

The list of companies who default is readily available with SECP due to use of Electronic Services by SECP. Therefore getting away without appointing a lawyer/ advocate for the purposes of this act is more enforceable today. The lawyer/ Advocate has to be paid fixed monthly fee for being retained on the board of any company. One lawyer/ advocate can represent only three companies at a time. If the lawyer/advocate resigns from the post of Legal Advisor/ Advocate to the company. The company may appoint another and intimate SECP within a maximum of 14 working days to avoid penalty/ imprisonment under Appointment of Legal Advisors Act, 1974.

M&M is a premium law firm and we have been Appointed as Legal Advisors / Advocate to various companies who depose their trust in M&M time and again. If you are looking for a reliable

 

MASOOD & MASOOD (Corporate and Legal Consultants) is a Pakistan based Consultancy providing Legal, Corporate and technical business solutions while performing all the funtions of a traditional law firm in Pakistan. Although legal services are the backbone to the consultancy we provide complete business solutions from company registration to company dissolution, tax planning to tax returns, patent and trademarks, banking, criminal matters, labour matters, civil disputes, Websites, recruitment, book-keeping and more. Our Offices are Located in major cities of pakistan ( Lahore, Islamabad and Karachi ) however, we have affilliate lawyers and consultants working in many other cities of Pakistan to facilitate our respected clientele.

Masood and Masood established in 2005, has fast become one of the premium names in corporate and legal consultancy in Pakistan due to continued trust by our clients.  Our assorted corporate clients are present both in Pakistan and abroad have deposed their trust in us shows our experience and credibility.

The firm has introduced measures to expedite all forms of legal activity so that Clients are facilitated in all manners. We believe quality of work done should be inferior to none and done within quickest time frame. In order to provide quality service, we have established strong links with Government institutions of Pakistan, local and multinational banks in Pakistan, multinationals and national companies, local and foreign embassies and in the real estate industry in Pakistan.

To provide and accurate corporate and Legal consultancy, the law firm has acquired the services of various highly experienced and efficient Lawyers, Attorneys, Accountants, Website Administrators and Consultants to head the different departments within our firm.

The Legal and technical team here at Masood and Masood has a deep understanding of Law and Practical experience in their skill set. We pay complete attention to detail and always maintain personal care when dealing with clients.

We have a definite edge over our competitors as we along with providing excellent legal and corporate advice, in and out of court, we regularly update our respected clients about potential opportunities and threats that might result from their corporate/individual decisions in the law world and always maintain their confidentiality.

If you are looking to engage a consultant/Lawyer for your corporate, Legal and/or individual needs who does not boast on their Brand Name but deliver practically and serve your interest better than Masood and Masood is the right choice for you.

Contact Us Now. 

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Masood & Masood (Corporate & Legal Consultants) has grown from a speck in Pakistan Legal and Corporate Consultancy firms to one of the most reliable law firms practicing in Pakistan. All this is attributable to the never ending effort and dedication with  which attorneys/lawyers/solicitors/consultants/accountants and advisors at Masood & Masood work. The aim to produce the goods for the clients and make them feel valuable.

Currently we specialise in through our offices in Lahore, Islamabad and Karachi.

  • Banking Law
  • Civil Law
  • Company dissolution
  • Company incorporation
  • Company registration
  • Company tax planning
  • Copyrights copyright registration,
  • Criminal Law 
  • Torts Law
  • pakistan taxation Law
  • Trademarks
  • Website Development
  • And the List goes on

The team at M&M is always ready to take on challenges and produce quality material for our clients. In this section you will see an example of the quality of work done at the consultancy, in the hope that you will become a valued customer in the near future.

Masood & Masood (Corporate and Legal Consultants) is a top notch consultancy firm in Pakistan, providing business solutions with both technical and Legal Support. The Firm has extensive knowhow of the best practices in Pakistan Business Environment. We are frequently called upon to express our opinion on Legal , Compliance and Marketting Matters by various companies/individuals. Many Lawyers/Attorneys/Consultants and Solicitors bring disgrace to the profession by charging huge amounts for basic questions of Law. To discourage such practice, we are introducing this section to answer the most basic questions. Please feel free to ask.

 Law applicable in Pakistan is predominantly Inherited from the British, however several amendments and new legislation has been brought in to Pakistan to cater the needs of a more dynamic pakistan, therefore, employing a qualified and experienced lawyer to assist you in the dynamic world Masood & Masood will always stand out for you.

The rule of law is better than the rule of any individual —Greek philosopher Aristotle (350 B.C)

Law is a system of rules, usually enforced through a set of institutions. It shapes politics, economics and society in numerous ways and serves as a primary social mediator of relations between people. To name a few Masood & Masood(Corporate & Legal Consultants) may be able to guide you through the following laws, their interpretation, implementation, in court or Out of Court settlements:

  • Contract law regulates everything from buying a bus ticket to trading on derivatives markets.
  • Property law defines rights and obligations related to the transfer and title of personal (often referred to as chattel) and real property.
  • Trust law applies to assets held for investment and financial security
  • Tort Law allows claims for compensation if a person’s rights or property are harmed.
  • If the harm is criminalised in a statute, criminal law offers means by which the state can prosecute the perpetrator.
  • Constitutional law provides a framework for the creation of law, the protection of human rights and the election of political representatives.
  • Administrative law is used to review the decisions of government agencies.
  • International law governs affairs between sovereign nation states in activities ranging from trade to environmental regulation or military action.

Legal systems elaborate rights and responsibilities in a variety of ways. A general distinction can be made between civil law jurisdictions, which codify their laws, and common law systems, where judge made law is not consolidated. In some countries, religion informs the law. Law provides a rich source of scholarly inquiry, into legal history, philosophy, economic analysis or sociology. Law also raises important and complex issues concerning equality, fairness and justice. In a typical democracy like Pakistan, the central institutions for interpreting and creating law are the three main branches of government, namely an impartial judiciary, a democratic legislature, and an accountable executive. To implement and enforce the law and provide services to the public, a government’s bureaucracy, the military and police are vital. While all these organs of the state are creatures created and bound by law, an independent legal profession and a vibrant civil society inform and support their progress. Apart from the above generalised fields Masood & Masood(Corporate & Legal Consultants) can help you in the following areas of Law:

  •  Labour law is the study of a tripartite industrial relationship between worker, employer and trade union. This involves collective bargaining regulation, and the right to strike. Individual employment law refers to workplace rights, such as job security, health and safety or a minimum wage.
  •  Human rights, civil rights and human rights law are important fields to guarantee everyone basic freedoms and entitlements. These are laid down in codes such as the Constitution of Islamic Republic of Pakistan Universal Declaration of Human Rights, the European Convention on Human Rights (which founded the European Court of Human Rights) and the U.S. Bill of Rights. The Treaty of Lisbon makes the Charter of Fundamental Rights of the European Union legally binding in all member states except Charter of Fundamental Rights of the European Union – Poland and the United Kingdom.
  • Civil procedure and criminal procedure concern the rules that courts must follow as a trial and appeals proceed. Both concern a citizen’s right to a fair trial or hearing.
  • Evidence law involves which materials are admissible in courts for a case to be built.
  • Immigration law and nationality law concern the rights of foreigners to live and work in a nation-state that is not their own and to acquire or lose citizenship. Both also involve the right of asylum and the problem of stateless individuals.
  • Social security law refers to the rights people have to social insurance, such as jobseekers’ allowances or housing benefits.
  • Family law covers marriage and divorce proceedings, the rights of children and rights to property and money in the event of separation.
  • Law of commerce
  • Company law sprang from the law of trusts, on the principle of separating ownership of property and control. The law of the modern company began with the Joint Stock Companies Act 1856, passed in the United Kingdom, which provided investors with a simple registration procedure to gain limited liability under the separate legal personality of the corporation. Most of the law practices relating to companies are regulated by securities and exchange commision of Pakistan. 
  • Commercial law covers complex contract and property law. The law of agency, insurance law, bills of exchange, insolvency and bankruptcy law and sales law are all important.
  • Admiralty law and the Law of the Sea lay a basic framework for free trade and commerce across the world’s oceans and seas, where outside of a country’s zone of control. Shipping companies operate through ordinary principles of commercial law, generalised for a global market. Admiralty law also encompasses specialised issues such as salvage, maritime liens, and injuries to passengers.
  • Intellectual property law aims at safeguarding creators and other producers of intellectual goods and services. These are legal rights (copyrights, trademarks, patents, and related rights) which result from intellectual activity in the industrial, literary and artistic fields.
  • Restitution deals with the recovery of someone else’s gain, rather than compensation for one’s own loss, Unjust enrichment is the third pillar of civil law (along with contract and tort). When someone has been unjustly enriched (or there is an “absence of basis” for a transaction) at another’s expense, this event generates the right to restitution to reverse that gain.
  • Tax law involves regulations that concern General sales tax soon to be changed to  value added tax, Corporate tax, Income tax, Professional Tax, Property Tax, Federal excise Tax etc .
  • Banking law and financial regulation set minimum standards on the amounts of capital banks must hold, and rules about best practice for investment. This involves recovery of debts by banks and in turn defense by the debtors. This Law has been evolving smoothly in pakistan with the introduction of KYC(Know Your Costumer) regulations State Bank of Pakistan is now more stringent on advances than ever.  
  • Privatisation became popular and took management of services away from public law, private companies doing the jobs previously controlled by government have been bound by varying degrees of social responsibility. Energy, gas, telecommunications and water are regulated industries now.
  • Competition law, is an evolving field which traces as far back as Roman decrees against price fixing and the English restraint of trade doctrine. Modern competition law derives from the U.S. anti-cartel and anti-monopoly statutes (the Sherman Act and Clayton Act) of the turn of the 20th century. It is used to control businesses who attempt to use their economic influence to distort market prices at the expense of consumer welfare.
  • Consumer law could include anything from regulations on unfair contractual terms and clauses to directives on airline baggage insurance.
  • Environmental law is increasingly important, especially in light of the Kyoto Protocol and the potential danger of climate change. Environmental protection also serves to penalise polluters within domestic legal systems.

The Federal Board of Revenue (fbr) has decided to extend the date for filing of income tax returns till November 15, 2016.

Taxpayers from across the country were facing problems in filing their tax returns due to which a number of associations including FPPCI, KCCI, KTBA, PTBA, LCCI, ICCI, Pakistan Tax Advisors Association, All Pakistan Anjuman-e-Tajran and various other Trade Bodies and Business Associations approached FBR requesting extension in return filing date to facilitate the taxpayers and business community.

After taking stock of the situation, FBR has decided to extend the date of filing of tax returns which is expected to be further extended till November 30.

The Federal Board of Revenue (fbr) has decided to extend the date for filing of income tax returns till November 21, 2014.

Taxpayers from across the country were facing problems in filing their tax returns due to which a number of associations including FPPCI, KCCI, KTBA, PTBA, LCCI, ICCI, Pakistan Tax Advisors Association, All Pakistan Anjuman-e-Tajran and various other Trade Bodies and Business Associations approached FBR requesting extension in return filing date to facilitate the taxpayers and business community.

After taking stock of the situation, FBR has decided to extend the date of filing of tax returns which is expected to be further extended till December 31.

Here is our free version of the latest Income Tax calculator for salaried Class in Pakistan for Tax Year 2014 (Financial Year 2013-14).

Pakistan Salary Income Tax calculator tax-year-2014

Any miscalculation or problems occurring  due to the free use of this software is not the responsibility of Masood & Masood.  This is just rough estimate without adjustments, tax credits and others

Contact us for exact calculations.