Injunction | Legal Education

       Equity provides equitable relief by way of injunction in the nature of preventive or mandatory relief. It may be temporary or permanent.  “Injunction is an order of the court to a party to the proceeding to do or to refrain from doing a specify act.” Injunction is a discretionary relief. Followings are the principle of grant of injunction.

                        Apprehension of damage To meet the end of justice Defraud to the credits Section 56 of specific relief act 1877 provides ground where the court can refused injunction as followed. The court will not grant perpetual injunction to restrain a person from prosecuting a pending judicial proceeding. A permanent injunction cannot be granted a proceeding pending in a superior or higher court.

The court cannot grant injunction restraining the defendant from applying to a legislative body.  An injunction cannot be granted to interfere with the public duties of any department of the Federal Government or any Provincial Government or with the Sovereign acts of a Foreign Government.  No injunction shall issue to prevent the breach of a contract which the court can not specifically enforce.

          Nuisance is anything wrongfully done or permitted to be done which injures annoys a person in the enjoyment of his legal right.  No injunction shall be granted to prevent a continuing breach in which plaintiff acquiesced. A more acquiescence is not enough. There shall however be not continuing breach.  The principle that specific performance shall not be granted if damage is adequate remedy equally applies to the grant of injunction. 

 The plaintiff must come with clean hands and must show that his acts were fair and equitable court refuses injunction if he does not show clean hands. The court will not grant an injunction to a plaintiff unless he has a personal interest in the subject matter of suit personal interest.  Equity provides equitable relief by way of injunction in the nature of preventive or mandatory relief. It may be temporary or permanent.

         

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Widing Of Company By Court | Law

Winding-up Of Companies:

            The existence of company can be terminated by means of winding-up. Winding-up of a company is a proceeding in which all its affairs are wound-up.

     Section 305 to 311 of Companies Ordinance 1984. “Winding-up of a company is a process whereby its life is ended and its property is administered for the benefits of its creditors and members.

Winding-up by court.Voluntary winding-up.Winding-up subject to the supervision of court. The process of putting and end to companies life at eh order of the court is called winding-up by court. It is also called compulsory winding-up. Winding up be special resolution. Winding up by default in delivering statutory report. Winding up by failure to commence business.

Winding up by reduction of membership. Winding up by inability paying debt. Winding up by unlawful and fraudulent activities. Winding up by unauthorized business. Winding up by conductive business oppressive accounts.Winding up by fraud of management cessation.Winding up by a listed company.Winding up on just and equitable ground. Winding up shall be commenced from the time of presentation of petition.

          Itself Creditors Contributors Registrar SECP 1997    At any time after the presentation of winding up petition the court shall appoint the provisional manager as official liquidator. Within 15 days from the date of winding up. A copy from order of winding up shall be file with the registrar. Transfer of share shall be void.

          Transfer of property shall be void. Provisional manager shall seas to hold his office. Company no more legal person.  Assets of company shall be distributed.No locus standee off against company.

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Confirmation of sentence | Law

Concept of confirmation of sentence

There are some types of sentences which are to be confirmed by High Court for the purpose to meet the ends of justice. High court just gives a bird eye view on the capital sentences passed by the lower court. Death sentences passed by session’s judge require confirmation. Confirmation can only be filed in the high Court which is apex provincial court. Following procedure shall be followed by the high court for confirmation of sentences. The session court after passing death sentence shall submit the proceedings to the high court. 

Ajmal Kasab Blast in India

Power of High Court

There are some additional powers of high court while giving confirmation to death sentences such as

a- Power of further inquiry

b- Power to take additional evidence

The high court can follow any of the following modes for making inquiry and taking additional evidence

a- May make itself

b- May direct the session court

confirmation of sentence

Procedure of confirmation of sentence

During the procedure of confirmation of sentence by high court, the presence of accused is not necessary. At least two senior judges of high court forming division bench shall sign on the confirmation of death sentence. In case difference of opinion both judges of high court dispute shall be referred to a third judge.

 A copy of the order of confirmation shall be sent to the Court of Session by the fulfilling of following two conditions

a- Under the seal of high court

b- Attested with the official signature

The order shall be carried into affect by the court of sessions.

Following are the powers of high court when the conviction is to be confirmed by it. Following are the limitations on the powers of high court. Sentence cannot be confirmed by the high court before the expiry of period available to file an appeal, if appeal is not filed. If appeal is filed by the accused, the confirmation cannot be taken before the disposal of appeal.High court orders the latest case laws.The modern technology has introduced in the High court. The justice orders the latest case laws. Education is the importance source of Pakistan. People should got education in Pakistan. 

 High court may postpone the death sentence awarded by session court in case special circumstance exists.Death sentence of pregnant woman shall be postponed. High court enjoys its appellant jurisdiction as well as an administrative authority.

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Non bailable offences | Law

Concept of non bailable offences

Bail is to release a person from the custody of police and delivery into the hands of the sureties, who under take to produce him in court whenever required to do so. Bail is to procure release of one, charged with an offence by ensuring his further attendance in court and compelling him to remain within jurisdiction of the court. Bail is discretionary relief by court inform of release of accused till the conviction or acquittal.

non bailable offences

Cases for grant of bail

 Bail can be granted in

a- Bailable offences

b- Non - bailable offences

Non-bailable offence is an offence which is shown as non- bailable in the column v second schedule , As a general rule bail is not granted in non bailable offences. There are two kinds of non-bailable offences

a- Non- bailable falling in prohibitory clause

b- Non- bailable offences not falling in prohibitory clause Where offence is punishable with death, imprisonment for life or imprisonment for ten years

It is called prohibitory clause.

bail

Bail for offences falling for Prohibtory clauses

The grant of bail is a rule and refusal is an exception to the general rule

But it cannot be claimed as matter of right. As a general rule bail shall not be granted. In following cases bail shall be granted as exception

a- Any woman

b- Any sick person

c- Any infirm person

In following two cases bail shall be granted as a matter of right. Where there is no reasonable ground that accused has committed a non-bailable offence. Where there is reasonable doubt that accused is not guilty of a non-bailable offence.

Bonds shall be executed upon accused that he shall appear in court for hearing the judgment. As it is discretion of the court to grant bail, but following matters must be considered for granting bail. The court has decided the latest cases. Supreme court has published the monthly law decisions. Now modern time latest case laws are available in the information technology.

PLD 1995 SC 34

a- Where likely hood of abscondence of accused

b- Where apprehension that accused will temper the evidence

c- Where accused is a previous convict

In following cases bail shall be declined. The court granting bail shall record its reasons for doing so. The court granting bail, the high court and the court of sessions have powers to cancel the bail.

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Bail before arrest

Bail before arresst

Bail before arrest is a right of the person who is apprehended of being involved in the commission of crime. Bail granting to an accused before his arrest when he physically surrenders himself before the court. Bail before arrest can only be granted by the high court or the court of sessions.

Bail granted

Bail before arrest and sec 498

Relief mentioned u/s 498 shall be the termed as bail before arrest.

Following conditions must be fulfilled. That a person who is under an apprehension of being arrested imminently can be granted a pre-arrest bail. Where there is apprehension of a person involved in a FIR of being humiliated shall be granted pre-arrest bail. For granting bail before arrest there otherwise a fit case in favour of the accused. The accused should educate the legal education so that the crime rate may be reduced. every person should be trained in the society. It is the big crime of bail in the society. The government should passed the education bill in the parliament.

bail granted

Grant of bail

 For granting bail the court shall ensure the physically surrender of the person who claims for pre-arrest bail. A person who has filed a petition for pre-arrest bail, his petition must be before the session court. For pre-arrest bail FIR must be registered through which the court may study the status of accused. In bailable offences bail should be granted as a general rule. Where offences are punishable with death, life imprisonment or imprisonment for ten years bail should not be granted. Bail may be granted at the discretion of the court.

a- Where likely hood of abscondence of accused

b- Where apprehension that accused will temper the evidence

c- Where accused is a previous convict. In following cases bail shall be declined. Pre-arrest bail is a conditional relief which may be withdrawn on breach of those conditions. To grant pre-arrest bail is up to the discretion of the court whether to grant or to decline.

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Arrest without warrant | Law

Concept of arrest

Arrest is a way by which a person is confined by a police officer or any other person in accordance to law. Arrest may be without warrant as mention under schedule ii Colum 3 of code of criminal procedure 1898

Arrest how made

In making arrest the police officer shall actually touch and confine the body of person to arrest. The police officer may used any mean to arrest the person and to cause to death, if the offence punishment to death. The police officer generally duty bound to arrest with warrant but there are some cases where arrest can be made without warrant. 

Arrested person

Cases where police officer arrest without warrent

Following are the some cases where police officer may arrest without warrant. A police officer may arrest any person without warrant who has been concerned in any cognizable offence.

a- Arrest in murder case

b- Arrest in case of dacoit

A police officer may arrest without warrant, a person who is in possession of implement of house breaking.

Hand cuff

a- Iron rod

b- Alternative keys

A police officer may arrest a person without warrant against whom a proclaimed has been published.

A police officer arrests the person in possession of stolen property without warrant. a- Possession a stolen car b- Possession a stolen bikeA police officer who abstracts the police officer in performing his duty to keep the peace shall be arrested without warrant. A police officer may arrest a deserter from Pakistan armed, navy or air forced without warrant. A person who has committed an offence outside the Pakistan and presently living in the Pakistan can be arrested without warrant. The person has knowledge  the legal education the crime rate may be reduced in the society. The punishment may be reduced in the society. The Online education is compulsory to the persons.

 A police officer arrested the released convict person who breach any rule u/s 565(3) can be made without warrant. If a police officer received any requisition from another police officer he can make arrest of a person without warrant. Any person who committed a non-cognizable offence in presence of police officer can be arrested without warrant. Any Vega bound person and habitual robber can be arrested without warrant.

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Concilation

Introduction

One of the objects of industrial relation ordinance 2010 is to settle any difference between the employers. Conciliator’s functions and powers have provided under industrial relation ordinance 2010.

Appointment of concilator

Conciliator means a person appointed as conciliator u/s 39 conciliator is a third person who is appointed for the settlement of industrial disputes. Provincial government has the authority to appoint conciliator. It is discretion of provincial government to appoint as many persons has been considered necessary. The provincial government shall specify the appointment in the official gazette.

conciliator 

Conciliator after notice of strike lockout

A party to dispute has to serve a notice of strike or lock out to the conciliator. The conciliator shall proceed the conciliate the matter and the notice shall also be delivered to the labor court. Sec 42 provides the complete procedure which is to be followed for the settlement of industrial dispute. The conciliator shall call a meeting of the parties to the dispute for the purpose of settlement. The parties to the dispute shall be represented before the conciliator by the persons nominated for such purpose.

conciliator

 The presence of employer or any officer of trade union connected with the dispute is necessary. Conciliator shall perform such functions in relation to a dispute before him as may be prescribed. Conciliator shall suggest to the parties to the dispute such concessions or modifications for settlement. Conciliator shall promote an amicable settlement of dispute.It is information of the conciliator to porvide the legal education.concilator to resolves the matter of the worker.

if the conciliator has the knowledge of legal online educaation.It is the modern technology of the internet. Conciliation after the settlement of dispute shall write a memorandum of settlement signed by the parties to the dispute. The conciliation shall sent a report to provincial government with a memorandum of settlement. If no settlement is arise within the period of notice of strike or lockout such conciliation may be continue up to the time agreed by the parties. In case of failure of conciliation proceedings strike by the workers or lockout by the employers may be declared after 14 days notice.

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Deduction At Source | Law

Concept of deduction at source

It is necessary for certain persons to deduct or recover the amount of tax payable by tax payer and deposit this amount with tax authorities.Such deductions are known as deductions at source.A deduction at source is a method of the collection of tax on income.

        Importance of deduction at source

Deduction of tax makes collection of tax easy and saves time for filing return.

Following principles are laid down for deduction on income tax.

i- Expenditure should be from tax payer

ii- Expenditure should be in that particular income year

Deduction at source and tax collection

Cases of deduction at source

Part v chapter x has specified the following cases where tax shall be deducted.

It is necessary for employer to deduct the tax from taxable salary of every employee. All resident companies are requiring deducting the tax while paying dividends to any person. Every person is required to deduct the tax from the amount paid to non-resident for their resident. Every person is required to deduct the tax from the amount paid on account of supply of goods and services.

 A person is required to deduct the amount of tax out of the amount of rent if it is paid on behalf of,

i- Government

ii- Local authorities

iii- Company

iv- N G O

Table of deduction at source

It is the tax laws to deduct the income of the tax paye. It is the principal of the income tax ordinance . NAB court has authority to decision the latest cases.

An authorized dealer in foreign exchange is required to deduct the tax on exports at the time of foreign exchange. Every person while paying an amount of prize or prize bound is required to deduct the tax. Every person is required while selling petroleum products to deduct 10% of tax.

Following are the advantages of collection of tax by deduction.

i- Chances of evasion of income tax are minimizes

ii- Lengthy recovery proceedings are avoided

iii- Speedy collection of tax

iv- In time payment of tax

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Unfair Labor Practice| education

concept of unfair labor practice

The main objects of industrial relations ordinance 2010 are to regulate the relations of industrial nature. It provides complete code of conduct for employer and employee and prohibits certain acts termed as unfair labor practice. “Any conduct prohibited by the state or federal laws governing the relations among employers’ employee and labor organization.” Unfair labor practices are of two types.

woker strike on the industry

unfair labor practice on the part of workmen

Following are the major unfair labor practices on the part of workmen.It is unfair on the part of workmen that he persuades any workmen to join or refrain from joining any trade union. If a workman intimidates any person of to cease to be member of trade union it shall be unfair labor practice by workman.  The workman does an unfair labor practice by inducing through advantages from ceasing to be a member of any trade union.

To persude from trade union

 It is unfair on the part of workman that he compels or attempt to compel the employer to accept any demand. Illegal strike by the workman either actually or by supplying money is an unfair labor practices. Go slow by the workman is an unfair labor practice under labor laws. 

It includes

a- Instigation of illegal strike or go slow

b- Incitement of illegal strike or go slow

unfair labor practice

The workman shall be liable to fine up to 20 thousand rupees.

Following are the unfair labor practices on the part of employers. Trade union does not include any condition for joining the membership of it if employer does so it will be an unfair labor practice. If employer refuses to employ or continue to employ any person is an unfair labor practice. Any discrimination with respect to promotion and employment shall amount to unfair labor practice by the employer.It is the great achivement  to education in pakistan. there are many methods to strike in the industry. The worker should get education. The worker refrain the illgal strikes.

        Employer dismisses a workman from his employment shall be an unfair               labor practice. Dismiss from employment includes,

a- Discharge from employment

b- Removal from employment

c- Transfer from employment 

It is an unfair labor practice where employer injuries or threats to injure a workman in respect of his employment.  Where employer induces a workman to be a member of trade union by offering some advantages is called unfair labor practices. Where employer compels or attempts to compel any officer of collective bargaining agent for settlement of an affair is an unfair labor practice. If employee interferes if in secret belting it shall be an unfair labor practice.

Where employer puts an end or close down the establishment it will be an unfair labor practice.

Any commencement or taking part into illegal lockout shall be an unfair labor practice.

It includes

a- Instigation of illegal lock out or go slow

b- Incitement of illegal locks out or go slow

         Employers shall be liable for fine up to 30 thousand rupees.

  

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Income Tax Authorities | lawyers

Concept of income tax authorities

Income tax ordinance 2001 provides details of official bodies appointed to run the income tax machinery of the country. These authorities are called administration of tax system. Authorities who are appointed for proper administration of tax system are called income tax authority.

i- Federal board of revenue

ii- Chief Commissioner income tax

iii- Commissioner income tax (Appeal)

iv- Additional commissioner income tax

v- Deputy Commissioner income tax

vi- Inspector income tax

vii- Supertendant income tax

Federal Board of revenue

Federal board of revenue

Old name of federal board of revenue was constituted under federal board of revenue act 2007. It consists of four members. It has a chairman who is appointed by federal government.

Functions of board of revenue

Following are the powers and functions of federal board of revenue.

i- Power to appoint income tax officer

ii- Power to assign functions and area to income tax authorities

iii- Power to assign duties to commissioner income tax (appeal)

iv- Power to form fiscal policies

v- Power to lay and collect taxes

vi- Power to decide appeals

vii- Power to grant specific method of accounting

viii- Power to make rules for administration

ix- Power to determine procedure of return

x- Power to make rules for deductions

xi- Power to decide applications

xii- Power to transfer income tax authorities

xiii- Power to prescribe form for income tax collection

xiv- Power to constitute committee for alternate dispute resolution

xv- Power to determine basic taxable income

xvi- Power to make rules for valuation

The old name of chief commissioner income tax was original income tax officer. Federal board of revenue appoints chief commissioner income tax. Federal board of revenue has power to income tax returns. It is the power of chief commissioner to call for exemptions. It  is the procedure of the income tax ordinance to return the file.

Chief Commissioner income tax can perform following powers and functions.

i- Power to transfer jurisdiction for specific cases

ii- Power to revise certain orders

iii- Power to call for exemptions

iv- Power to appoint its subordinates

v- Power to delegate his powers

vi- Power to resolve dispute between two commissioners

vii- Power to rectify mistakes

viii- Power to conduct the internal audits.

ix- Power to grant license to practitioners

x- Power to inspect the performance of subordinates

xi- Power to supervise the tax recovery

Commissioner income tax appeal is appointed by federal board of revenue. He deals with appeal matters only.

Tax Exemption

i- Power to admit appeal

ii- Power to adjourn proceedings

iii- Power to allow a new grounds of appeal

iv- Power to call inquiries

v- Power to set aside assessment

vi- Power to confirm assessment

vii- Power to decrease the amount of the assessment

viii- Power to impose penalties

ix- Power to increase amount of assessment

Commissioner income tax can also be appointed by the federal board of revenue. The commissioner has to perform his functions for collection of tax in that area. Where commissioner is appointed for no-specific area, he shall perform his functions accordingly.

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Individual Grievance | legal Education

concept of individual grievance

As it was held in case 2011 PLD Kar 167 that where an individual worker has faced any grievance against the employer, his individual grievance must be noticed to the employer through his shop steward or collective bargaining agent.

Law of individual grievances was discussed u/s 46 of industrial relation ordinance 2002. That he is a workman who can redress his individual grievance under industrial relation ordinance 2010.Locus standi for redressal of individual grievance with his workman.

Cases for redressal

In following cases or rights a workman can redress his individual grievance.

i- Rights under industrial relation ordinance 2010

ii- Rights under any other law

iii- Rights under any settlement or award

Redressal system 

Subjects of individual grievances

 Subjects under discussion for individual grievances shall be any one of the followings

i- Termination of worker

ii- Removal of worker

iii- Retrenchment of worker

iv- Dismissal from service

Above discussed matters shall be enforced in accordance with sec 37 of industrial relation ordinance 2010. Industrial relation ordinance provides the procedure for resressal of individual grievances. A grievance notice is an essential pre-condition for the redressal of the individual grievances. Notice shall be in writing through shop steward or collective bargaining agent.

Within one month of cause of such grievance, the notice shall be filed.

Table of settlement of grievance

 After receiving the notice of grievance from the workman, the employer shall make a decision. The employer shall communicate his decision in writing to the worker within 15 days of decision. If worker is aggrieved from the decision of the employer, he may refer the matter in following two ways.

i- Matter to collective bargaining agent

ii- Petition to labor court 

If the worker has the knowledge legal education so that the worker can solve his problems. The worker can train his legal education then the worker to file Petition to labor court can only be filed in case where collective bargaining agent has itself filed the grievance notice.

Within 2 months from the date of communication of decision.

i- Imprisonment up to one year

ii- Fine up to 50 thousand rupees

iii- Or both

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