HYDER SHAR LAW ASSOCIATES

Suits for Declaration and Permanent Injunction

An injunction is a judicial process whereby a party is required to do, or to refrain from doing, any particular act.Prohibitory injunction is a remedy in the form of an order of the Court addressed to a particular person that either prohibits him from doing or continuing to do a particular act whereas mandatory injunction is an order to carry out a certain act.

When there is a claim for any legal right and legal character with respect to property by virtue of title deeds, one should file a suit for declaration under section 8 of Specific Relief Act, 1877 for recovery of Immovable Property and Section 42 for Declaration of immovable property. However, in case of a claim for movable property, the suit may be filed under section 10 of Specific Relief Act, 1877.

There are three main kinds of Injunctions:

Permanent or Perpetual Injunction is regulated by Section 51 of Specific Relief Act, 1877. It is issued in terms of decree after proper hearing of the case and satisfaction of the court. The court may order to stop certain acts which are contrary to the right of the plaintiff.

According to Section 54 of the Specific Relief Act, 1877, a Permanent Injunction may be granted by the court on the following grounds:

• Contracts which may specifically be enforced; and
• Contracts which cannot specifically be enforced.
• When the defendant invades or threatens to invade the plaintiffs right to, or enjoyment of, property
• Where the defendant is trustee of the property for the plaintiff.

Temporary or Interlocutory Injunction is regulated by the Code of Civil Procedure, 1908 and is issued during the case is pending for a specified time or till the further order of the court

According to Order 39 Rules 1 & 2 of the Civil Procedure Code, 1908, Temporary Injunction may be granted by the court on the following grounds:

• Where any disputed property in a suit is in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree or;
• Where the defendants threatens, or intends to remove or dispose of his property with a view to defrauding his creditors; or
• Where the defendants threatens to dispossess the plaintiff or otherwise cause injury to the plaintiff in relation to any disputed property in the suit; or
• Where the defendant is about to commit a breach of contract, or other injury of any kind; or
• Where the court is of the opinion that the interest of justice so requires.

Mandatory Injunction: It is regulated by Section 55 of Specific Relief Act 1877 when the performance of contract is necessary and breach of trust or breach of an obligation is object so the court may grant a Mandatory Injunction for prevention of Breach Complained.

Criminal Protective Bail

A bail means the security, which court requires for release, of some accused. It is, in fact, transfer of accused from judicial custody to sureties with this condition that sureties will remain bound for future appearance of the accused in court whenever required. A bail is granted under section 496, 497 and 498 of Criminal Procedure Code, 1898.

There are three kinds of bail:

• Bail before offence under Section 496 of the Criminal Procedure Code, 1898
• Bail after Arrest under Section 497 of the Criminal Procedure Code, 1898
• The protective bail is granted under section 498 of the Criminal Procedure Code, 1898

Restoration in Employment

Restoration of employment is an act of restoration, renewal, revival and reestablishment of a Contract or work with an employer. If you have been illegally fired, discriminated against, denied money for the time you have worked, refused business expenses you paid, denied the breaks or you are wrong fully terminated or your due compensations are infringed, you are entitled under the law and Constitution of Pakistan to get your rights in legal means.

Divorce

Divorce is the separation from spousal relationship by the husband. There are different modes of Divorce i.e. through expressive or implied words, orally or written form directly or through representation.

There are three kinds of Divorce:

1. Revocable Divorce/ Talaq e Rajaee;
2. Irrevocable Divorce (Minor Degree)/ Talaq e Bain Sughra;
3. Irrevocable Divorce/ Talaq e Bain Kubra.

Revocable Divorce/ Talaq e Rajaee

In Revocable Divorce/ Talaq e Rajaee, the husband pronounces Divorce once, which is a common practice. During the Iddah period of wife if the husband wants to resume his marital relationship, he can rescind the pronouncement of Revocable Divorce unconditionally. According to Islam, after the Revocable Divorce, the spouses should remain under the same roof so that there is maximum likelihood of resumption of the marital relationship. This type of Divorce is called Revocable Divorce/ Talaq e Rajaee.

Irrevocable Divorce (Minor Degree)/ Talaq e Bain Sughra

In Irrevocable Divorce/Talaq e Bain Sughra, the husband pronounces Divorce one time and after some time pronounces Divorce the second time. After the first or second pronouncement of divorce, even if the iddah period is completed, the husband can take his wife back through re-solemnization prior to the pronouncement of the third divorce with her consent. The third pronouncement makes divorce final and irrevocable. This type of divorce is called Irrevocable Divorce/Talaq e Bain Sughra.

Irrevocable Divorce/ Talaq e Bain Kubra.

In Irrevocable Divorce/Talaq e Bain Kubra, the husband pronounces Divorce one time and after some time pronounces Divorce the second time. After the first or second pronouncement of divorce, the husband does not take his wife back and pronounces divorce the third time. The third pronouncement makes divorce final and irrevocable, which means that the couple can never re-solemnize their matrimonial relationship unless the condition of halala is fulfilled. This type of divorce is called Irrevocable Divorce/Talaq e Bain Kubra.

Procedure to Divorce

Divorce should be a deliberate decision and after the pronouncement of divorce by husband for its legality, the divorce should be in written form on legal paper and attested by a notary public in the presence of two witnesses. The Dower amount must be paid by husband and if the dower amount is not paid, it is the right of the wife to take dower amount as well as maintenance during Iddah period and Dowry articles in future. The women are generally denied their Islamic right to take dower amount and maintenance till the Iddah period from the husband.

After the pronouncement of Divorce, the application along with the photocopy of the divorce deed is submitted by the husband to the Chairman Arbitration Council/ Nazim Union Council. Within 90 days after receiving of the application along with photocopy of divorce deed by the husband, the Chairman Arbitration Council/ Nazim Union Council Under Section 2 of Muslim Family Laws Ordinance constitutes an Arbitration Council for reconciliation between the parties. If the reconciliation is failed within ninety days, the Divorce becomes effective. The copy of decision of Arbitrator Council duly attested by Chairman of Arbitration Council is sent to each party. If the husband fails to appear in Arbitration Council, he is punishable by imprisonment for a maximum period of one year or with a fine up to Rupees Five Thousand.

Iddah Period

The iddah period is the waiting period in which the woman waits before she becomes eligible to engage in a second marriage after separation from her husband or death of her husband. Basically, the iddah period is different for those women who are pregnant and above the reproductive age. For ordinary women, the iddah period is of three months. However, for pregnant women, the iddah period continues until the birth of the child. There is no iddah period for those women who had no conjugal relationship with their husband. The iddah period after khula is one menstrual cycle as prescribed by Islam.

Halalah

After the divorce and Iddah period, the woman can remarry with another man in a regular manner with the intention of living with him, but if she separates from him by any way, she is allowed under Islamic law to remarry with her former husband if she wishes. The pre-planned halala is a mockery of the divine law and is cursed by Islam.

The divorce matters and the matter of dowry articles, dower amount and maintenance are the most contentious issues between separating couples; Hyder Shar Law Associates provides and takes such matters to plead before the courts of law.

Trade Mark

A Trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others. A service mark is a word, phrase, symbol, and / or design that identifies and distinguishes the source of a service rather than goods.

Trade Marks Registry (TMR) is premier body of Intellectual Property Organization of Pakistan (IPO-Pakistan) working for the registration of trade and services marks under the Trademarks Ordinance, 2001. It is a federal government body and its jurisdiction for trade and services marks lies within the geographical boundary of Pakistan. It works as a civil court and its decisions are appealable at the provincial high courts. The Trademarks Registry is headed by a Registrar and its office is located in Karachi and also Regional Office situated in Lahore.

Hyder Shar Law Associates assist their valuable clients for registration of trade mark in Karachi.

Legal Drafting

Legal drafting is the subject matter of law, a composition of legal instruments such as contracts, deeds, wills and legislation. It is writing about law and legal matters.

Legal documents preparation is a vital responsibility of a legal Firm. Preparation of Legal documents is extremely vital operational, financial, and strategic that is essential to the running of day-to-day business processes.

Hyder Shar Law Associates believes that legal drafting, analysis, and documentation are integral parts of any law firm’s daily work. Our legal document services helped our clients to reduce extra workload, increase productivity, and manage documentation risk. Therefore, our legal documentation and legal drafting services are provided by experts who are skilled at handling any type of legal analysis, legal drafting, or legal documentation.

We at Hyder Shar Law Associates offer the finest legal drafting, analysis and other legal documentation services to our clients. Whether your domain lays in Criminal, Civil law, corporate, Banking, family matters etc. Our efficient handling of your documentation is extremely comprehensible and highly secure in nature.

Our expert team can also review incoming legislative acts to understand the scope of the changes; they propose and provide you valuable feedback on time. Our analysis provides authentic and accurate legal opinions while ensuring all the statutes and codes of law.

The proposed list of legal drafting includes Contract agreements, sale deeds, transfer deeds, gift deeds, declaration, executions, will, power of attorney and any other document as per the specific needs of the clients.