What is Partnership

Partnership

1. A partnership is governed by the Partnership Act, 1932

2.Registration: The registration of a partnership concern is not compulsory. There are certain privileges given to the registered firms which are denied to unregistered ones. These privileges indirectly encourage registration.

3.Number of Members: A partnership can be started by at least two persons. The maximum number is ten in case of banking and insurance business and it is twenty for any other business.

4.    Legal Status: A partnership has no separate legal entity apart from its members. Members cannot enter into an agreement with the firm.

5.       Liability: The liability of partners is unlimited. The partners are jointly and separately responsible for the liabilities of the business.

6.       Transfer of Shares: A partner can transfer his share only with the consent of all other partners.

7.       Management and Control: A partnership concern is managed and controlled by the partners. The partners have a right to participate in the administration of business.

8.      Statutory Obligations: A partnership is not under statutory obligation fro the compliance of any rules and regulations. There is no compulsion to maintain certain books, get the accounts audited and to publish them.

9.       Continuity: A partnership concern is dissolved on the death or insolvency of a partner.

10.   Authority of Members: A partner can bin the firm by his acts. There is an implied authority. A partner is an agent of the firm.

11.    Winding Up: A partnership concern can be dissolved easily. No legal formalities are required for winding up a partnership firm.

Private Limited Company

1.       Private Limited Company is governed by the Companies Act, 1956

2.       Registration: The registration of a company is compulsory. There are two stages in registering private limited company, the first is ‘Incorporation’ and the second is ‘Commencement of Business’. A private limited company can start business after obtaining certificate of incorporation.

3.       Number of Members: There must be at least two persons for starting a private company and maximum number of members can be fifty.

4.       Legal Status: A Private Company has a separate legal entity. It has a common seal and can enter into contracts by affixing its seal. Members of the company can also enter into contract with the company.

5.       Liability: The liability of shareholders is limited to the value of shares held by them. The members are not personality liable for the obligations of the business.

6.       Transfer of Shares: A shareholder can sell his shares whenever he feels so. There is no binding no the transfer of shares of a company.

7.       Management and Control: A private company is managed by elected representatives of the shareholders.

8.      Statutory Obligations: A private company is required to maintain prescribed books and have a periodical audit. Some information has to be supplied periodically to the Registrar of Companies.

9.       Continuity: The continuity of a company is not affected by the death or insolvency of a member. The members may go on changing but the company will not be affected.

10.   Authority of Members: A shareholder has not implied authority to bind the company. A shareholder cannot act on behalf of company.

11.    Winding Up: A private company is wound up only through court. If the court is satisfied that there is a reasonable ground for winding up the company only then it is to be wound up. A proper procedure is also to be followed.

How to do Private Limited company registration in Pakistan?

Although many detailed articles are present on the website that explain the process of company registration in Pakistan. However based on the feedback received from our clients this article will summarize the process of company registration in Pakistan.

The process of company registration in Pakistan is explained below:

Name Availability Application

The first step in company registration is to make an application to the registrar of companies for confirming the name selected is available and he has no objection with respect to the name applied.

Application to NIFT for Digital Signature

The next step is to make an application to the NIFT for allotting the digital signature of each director of the company. Separate application is made for each director.

Submission of documents

Once the digital signature for each director is received the next step is to prepare and submit following documents for company registration.

Memorandum of association

Articles of association

Form 1

Form 21

Form 29

Name Availability Letter

ID Cards scanned

Submission of fee for company registration

Once all the above documents are submitted for company registration the last step is to submit the fee for company registration which depends on the amount of capital.

After submission of fee normally after 4 to 5 days we receive confirmation from the Securities and Exchange Commission of Pakistan of company registration if they have no objection on the documents submitted and they find documents complete and in order.

Importance Of Justice

The Prof. Sidgwick said  „ In determining a nations,s rank in political civilization, no test is more decisive than the degree in which justice as defined by the law is actually realised in its judicial administration.„ Lord Bryce writes:  " There is no better test of the excellence of a government than the efficiency of its judicial system." George Washington said : " Administration of justice is the firmest pillar of government. Law exists to bind together community. It is sovereign and cannot be violated with impunity. According to Salmond : " Law may be defined as the body of principles recognized and applied by the state in the administration of justice."

Short Vehicle Sale Agreement

VEHICLE SALES AGREEMENT

     THIS VEHICLE SALES AGREEMENT is made this 29^th day of August, 2015, by and
among                                                                                                  (hereinafter known as "Seller") and                                                                                            (hereinafter known as "Buyer"). Buyer and Seller shall collectively be known herein as "the Parties".
      WHEREAS, Seller sell the vehicle described below, known herein as the "Acquired Vehicle" and Buyer purchase the Acquired Vehicle in Consideration of Rs. 850,000/-
Description Of Vehicle:

_______________________________________________________________

WHEREAS, Seller deliver the Acquired Vehicle and Buyer take the possession of same.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement.

SELLER BUYER

Witnesses

1._________________________________

2._________________________________

APPLICATION FOR TRANSFER OF CASE U/S 24 OF THE CODE OF CIVIL PROCEDURE, 1908

IN THE COURT OF DISTRICT & SESSION JUDGE LAHORE

Application No.___________/2015

Name of Applicant

…..APPLICANT

Name of Respondent

…..RESPONDENT

(SUIT FOR DECLARATION WITH PERMANENT INJUNCTION)

APPLICATION FOR TRANSFER OF CASE U/S 24 OF THE  CODE OF CIVIL PROCEDURE, 1908

Respectfully Sheweth:-

1. The brief facts leading to the instant application are that the applicant filed a civil suit titled “Naseer Awan V Mohammad Nazeer Khan” which is pending before Learned Civil Judge Mrs. Nadia Ali for recording of ex-parte evidence and next date of hearing is 16.05.2015.
2. That the applicant appeared before the court of Learned Civil Judge Mrs. Nadia Ali on 08.05.2015 and reader of the court informs to the applicant that Learned Civil Judge Mrs. Nadia Ali is on leave for the period of three months.
3. That the titled above case will remain pending without any further proceedings if said case is not transferred to any other Court competent to try or dispose of the same.
4. That if the said main case is not transferred to any other Court competent to try or dispose of the same, the applicant shall suffer irreparable loss and injury.

PRAYER:

It is most respectfully prayed that the main case filed by the applicant / plaintiff many kindly be transfer to any other Court competent to try or dispose of the same.

 Any other appropriate relief which this Court deems fit and proper in the circumstances of the case may also be awarded.

APPLICANT / PLAINTIFF

THROUGH:

Jamal Abbas Malik

Advocate High Court

IN THE COURT OF DISTRICT & SESSION JUDGE LAHORE

Application No.___________/2015

.......

Versus

.......

(APPLICATION FOR TRANSFER OF CASE U/S 24 OF THE CODE OF CIVIL PROCEDURE, 1908)

AFFIDAVIT OF: Name of Deponent

I the above named deponent do hereby solemnly affirm and declare as under:

1.    That the contents of accompanying application are true and correct to the best of my knowledge and belief and nothing has been concealed therein.

DEPONENT

VERIFICATION:

Verified on oath at Lahore this 11^th day of May 2015, that the contents of the above Affidavit are true and correct to the best of my knowledge and belief and nothing has been concealed.

DEPONENT

Issues, Burden of Proof and amendment of Issues

  

INTRODUCTION:-

Issues are points of contest between the parties in a suit. In other words issues are those points raised from the pleading which is a way for the court for entertaining a case and it brings the court at the right conclusion of justice. The determination of issues has great importance in the trial of a case, because it is issues and not the pleadings, which indicates the appropriate evidence to be given. Pleadings constitutes allegations to one-side or the other, and after determination which of the allegations are material for the purpose of the trial and which of them are admitted or denied, issues are framed and on the basis of these issues the parties stand the test of the trial.

OBJECT / PURPOSE OF FRAMING OF ISSUES:-

The object of framing of issues is for the purpose of apprising the parties of the points on which they are expected to lead evidence and to avoid any prejudice being caused to either side due to absence of material issues.[1]

  KINDS OF ISSUES:-

According to Order 14 Rule 1(4) there are two kinds of issues:

·        Issues of Facts

·        Issues of Law

ISSUES OF FACT:

Issue of fact means any issue, which has not been determined, by a rule of law, but is to be answered, in accordance with the evidence laid before the court.

ISSUES OF LAW:

Issue of law means that issue, which is to be answered in accordance with the law and not in accordance with the facts or evidences that is laid before the court.

  IN CASE OF ISSUES BOTH OF LAW AND FACT ARISE IN THE SAME SUIT:-

According to order 14 rule 2, " where issues both of law and fact arise in the same suit, and the court is of the opinion, that the case or any part thereof may be disposed of on issues of law only, it shall try those issues first, and for that purpose may if it thinks fit, postpone the settlement of the issues of fact until after the issue of law have been determined".

   FRAMING OF ISSUES:-

According to Order 14 Rule 1, issues arise when a material proposition of fact or law is affirmed by one party and denied by the other. Material propositions are those propositions of law or fact which a plaintiff must allege in order to show a right to sue or a defendant must allege in order to constitute his defence. Each material proposition affirmed by one party and denied by the other shall form the subject of a distinct issue. At the first hearing of the suit the court shall, after reading the plaint, and the written statements, if any, and after such examination of the parties as may appear necessary, ascertain upon what material propositions of fact or of law the parties are at variance, and shall thereupon proceed to frame and record the issues on which the right decision of the case appears to depend.

   OMISSION TO FRAME ISSUES:-

If an issue is not framed in the suit, while an allegation was made in the plaint in-respect of certain facts and challenged in written statement, the court can allow the parties to lead the evidence on such point, and would give its decision without framing that issue.

     MATERIALS FROM WHICH ISSUES MAY BE FRAMED:-

The provision regarding the materials from which issues are framed is found in Order 14 Rule 3, which provides that " the court may frame issues from any of the following materials:-

     I.        The court may frame issues from the allegations made on oath by the parties, or by any persons present on their behalf or made by the pleaders of such parties.

   II.        The court may frame issues from the allegations made in the pleadings or in answers to the interrogatories delivered in the suit.

  III.        The court may frame issues from the contents of the documents produced by either part ".

WHEN ISSUES NEED NOT TO BE FRAMED:-

The court may not frame any issues where after the filing of a written statement, the court passes a consent decree on the agreement of the parties[2] or in regard to a matter upon which they are in agreement[3] or where a point is alleged by the plaintiff and admitted by the defendant and a decision can be given on the basis of such admission.[4]

   POWER OF COURT TO AMEND AND STRIKE-OUT ISSUES:-

The power of the court to amend and striking-out of issues is mentioned in order 14 rule 5, which provides that, " The court may at any time before passing a decree amend the issues or frame additional issues as may be necessary for determining the matters in controversy between the parties shall be so made or framed. The court may also, at any time before passing a decree, strike-out any issues that appear to it to be wrongly framed or introduced.

   DUTY OF COURT TO FRAME ISSUES:-

Primary duty to frame proper issues arising out of pleading of parties rests on courts.[5]

 BURDEN OF PROOF:-

a.      Meaning Of Burden Of Proof:

It means something that a party is required to prove an allegation before judgment may be given in his favour.

b.     Burden of Proof Under Article 117 of QSO, 1984:

Whoever desires any court to give judgment as to any legal right or liability, dependent on the existence of facts which he asserts, must prove that those fact exist.

c.      Burden of Proof In Civil Cases:

The burden of proof is on the party who asserts and not on him who denies, and in deciding which party asserts, the regard must be given to the substance of issue.

“The issue must be proved by the party who asserts it and not by the party who deems it.”[6]

d.     Exception To General Rule:

The general rule that a party who desires to move the court must prove all facts necessary for that purpose is subject to following exceptions.

       I.            Burden of Proof As To Particular Fact Under Article 119:

The burden of proof as to any particular fact lies on that person who wishes the court to believe in its existence.

    II.        Burden of Proof Cast By A Statute Article 119:

Where it is provided by any law that the proof of that fact shall lie on a particular person.

   III.        Fact Within Knowledge Of Any Person Under Article 122:

When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him.

  IV.        Burden of Proof Where Presumption Of Fact Operates Under Article 129:

Where presumption of fact operates in favour of a party then burden to prove the contrary lies on the other party.

---

[1] PLD 1999 Lah. 465

[2] AIR 1933 Sind 304

[3] AIR 1958 Andh. Pra 638

[4] 11 Mad. 267 (DB)

[5] 1991 MLD 1284

[6] Mumtaz Begum Vs S.A Ullah Khan (AIR 1973)

SUMMARY OF THE DIYAT, ARSH AND DAMAN FUND RULES, 2007

SUMMARY OF THE RULES

The Diyat, Arsh and Daman Fund Rules, 2007 were framed by the Federal Government having sources such as annual grants from the Federal Government and Provincial Government, aid, assistance and contribution from local, national and international agencies, and donations made by private organizations and individuals. Such fund is operated by authorized administrative committee consisting of a Chairman, a Members and a Secretary for the management, control and disbursement of the fund to a convict by giving soft loan who has been sentenced with imprisonment including payment of Diyat, Daman or Arsh and islanguishing in Jail for non-payment subject to furnishing surety bond for return of soft loan within the period specified. The administrative Committee may constitute sub committees for facilitating and engaging the convict in different jobs with the non-governmental organizations and individuals or work places within jail or attached to jail, if any, for return of the soft loan or payment or amount of Diyat, Arsh and Daman. Where a convict has served out the substantive sentence of imprisonment and makes part payment of Diyat, Arsh or Daman, he may be released on parole on such terms and conditions as may be determined by the Court.

Jurisdiction of the Civil Courts

Jurisdiction of the Civil Courts

Jurisdiction of the Civil Courts: There are various types of jurisdiction of the Civil Courts in Bangladesh, namely—

1)     Pecuniary Jurisdiction

2)     Jurisdiction of Subject-matter

3)     Territorial Jurisdiction

4)     Original Jurisdiction

5)     Appellate Jurisdiction

6)     Review Jurisdiction

7)     Reference Jurisdiction

8)     Revision Jurisdiction

9)     Writ Jurisdiction

10)  Inherent Jurisdiction

11)  Supervisory Jurisdiction

12)  Superintendence Jurisdiction

13)  Jurisdiction to transfer or withdrawal of suits

1.      Pecuniary Jurisdiction: (All suit are Civil Nature)

The Assistant Judge Court, the Senior Assistant Judge Court, and the Joint District Judge Court are barred by the pecuniary jurisdiction.

• The Assistant Judge Court may not take any suit of value (TK.  One to Two Lac).

• The Senior Assistant Judge Court may not take any suit of value (TK. Two Lac one to Four Lac).

• The Joint District Judge Court may take any suit of value (TK. Above 4 Lac one to ———).

It is an established rule that every suit of every value firstly has to be instituted in the lower grade court of its jurisdiction.

2.      Jurisdiction of subject-matter:

The Civil court may take every suit of Civil nature and the other cases which are not specifically declared as criminal nature.

3.      Territorial Jurisdiction:

Where the subject matter of the Civil suit is an immovable property, then in which jurisdiction of district it as situated, the suit must be instituted in the district Courts at the district.

If the Immovable property is situated between the middle of two or more districts the suit may be institute at any of the district Courts of such districts.

If the Movable property is situated in such a manner it is impossible to identify where districts part it is in the suit may be instituted at any district court of any district nearest it.

If the subject matter of the suit is movable property the suit may be instituted in the following any district court of nay district—

• Where the cause of action arise
• The residence of the defendant
• The residence of the plaintiff

4.      Original Jurisdiction

The Assistant Judge Court, The Senior Assistant Judge Court, The Joint District Judge Court and The High Court Division of Supreme Court has original jurisdiction because only they can take a fresh suit.

5.      Appellate Jurisdiction:

The Additional District Judge Court, The District Judge Court, The High Court Division of Supreme Court and Appellate division of Supreme Court has appellate jurisdiction, because they can take appeal from their subordinate Courts.

6.      Reference Jurisdiction:

Reference is excusive jurisdiction of the High Court Division. It normally means referring to a case to the High Court Division for its opinion and order.

Section 113 of the CPC provides that any court may state a case and refer the same for the opinion of the High Court Division, and the High Court Division may make such order there on as it my think fit.

Conditions of Civil revision are that-

I.      Only a court can make reference to the High Court Division.

II.      Reference is to be made only when an important issue of law has arisen.

III.      The power of reference by the High Court Division is discretionary.

7.      Revision Jurisdiction:

Revision is a purely discretionary remedy granted by a higher court with a view to correcting miscarriage of justice.

Under section 115 of the CPC (as amended in 2003) Civil Revisional power can be exercised by the High Court Division and The District Judge.

This power is also called supervisory power or power to do complete justice or power to call for records. Exercise of this power can be only at the instance of a party. Previously this power could have been exercised sue notice by the High Court Division.

Normally questions of facts are not considered by a court under its revision jurisdiction. [15 BLD 196]

A revision is not a continuation of the original preceding like an appeal. [22 DLR 192]

Circumstances Review is possible almost in every judicial organ. It is done by the same court which gave the order or judgment against which review is sought for. Section 114 of the CPC provides that it a person is aggrieved—

1.  By a decree or order from which an appeal is allowed but no appeal has been preferred.
2.  By a decree or order from which no appeal is allowed
3.  By a decision or a reference from a court of small causes

May apply for a review of judgment to the court which passed by the decree or made the order and the court may make such order thereon as it thinks fit.

8.      Review Jurisdiction:

Review means a judicial re-examination of a case in certain specified and prescribed.

9.      Writ Jurisdiction:

Writ Jurisdiction means the power and Jurisdiction of The High Court Division (HCD) under the provision of the Constitution whereby it can enforce fundamental rights as guaranteed in the Constitution. The basis of writ Jurisdiction is Article 102 of The Constitution.

10. Inherent Jurisdiction (Discretionary Power ):

Inherent Jurisdiction is one of the vital and extraordinary powers of the Civil court. All Civil court from Appellate division to Assistant Judge may exercise this power at any time of a suit.

Basically it is the discretionary power of the judges which depends on the satisfaction of the judges and regulated by under section 151 of the Code of Civil Procedure 1908.

11. Supervisory Jurisdiction

Supervisory power of the High Court Division (HCD) includes the control exercised by this Courts as to prohibit the subordinate Courts from acting extra jurisdictionally and reverse its acting extra jurisdictionally acts Article 109 of our Constitution recognizes such power of the High Court Division (HCD).

12. Superintendence Jurisdiction

According to section 9 of the Civil Courts Act 1887, The District Judge shall have administrative control over all the Civil Courts under this Act within the local limits of his Jurisdiction subject to the Superintendence of theHigh Court Division (HCD).

13. Jurisdiction to transfer or withdrawal of suits

According to section 24 of the CPC the District Judge may, on the application of any part of suo motu, at any stage-

• Transfer any suit, appeal or other proceeding pending before if for trial or disposal to any Court Subordinate to it
• Withdraw any suit of appeal of other proceeding pending in any subordinate court and transfer the same for trial or disposal to any court subordinate to it
• Retransfer the same for trial or disposal to the court from which it was withdrawn.