Some more Pakistani Case Law - Miscellaneous

RIGHTS OF LICENSEES

2010 CLC 625 @ 628

Prima facie, legal right of the Petitioner under the licence agreement is of a limited nature as a licensee. The transitory nature of such a right is explained in Zaidi Enterprises v. C.C.A. PLD 1999 Kar. 181.

US Constitution: Is it a template for modern democracies?

Very interesting. There was an article about this in the International Herald Tribune as well by Adam Litpak. My own personal view is that the US Constitution was kept deliberately vague to make it flexible for the ages. However without a progressive judiciary aligned with values of freedom and equality, the US Constitution might not have worked out as a charter of freedom that it is today. -Yasser Latif Hamdani

As Egypt begins selecting people who will draft a new constitutional, U.S. Supreme Court Justice Ruth Bader Ginsburg had some advice for the fledgling democracy: don't look to the United States for pointers.

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Enlarge(Photo: REUTERS / Mario Anzuoni)"A constitution, as important as it is, will mean nothing unless the people are yearning for liberty and freedom,” U.S. Supreme Court Justice Ruth Bader Ginsburg told an Egyptian news organization.

One of the earliest judgments in the subcontinent on co-mortgagors and their rights of redemption

Raghunandan Prasad And Ors. vs Har Prasad on 23 December, 1908

Equivalent citations: (1909) ILR 31 All 166

Bench: J Stanley, Kt., Banerji

JUDGMENT

John Stanley, Kt., C.J. and Banerji, J.

1. This appeal arises out of a suit for sale on a mortgage executed on the 25th of May, 1892, by two persons, Umrao and Piare Lal. One of the properties mortgaged is a five biswa share in the village Meadi Khurd. A two-biswa share in that village had been mortgaged to one Ghumi Mal by Piare Lal on the 6th of January, 1890. To this mortgage Shib Lal, the father of Har Prasad, defendant, was also a party. Har Prasad, who was added as a defendant, contended that he had discharged the debt due on the aforesaid mortgage and had thereby acquired a prior oharge on the two biswa share of Piare Lal mortgaged to Ghumi Mal and that the plaintiffs were bound to pay the amount which he, Har Prasad, had paid to Ghumi Mal before they could bring to sale a two-biswa share of the village Meadi Khurd. This contention was overruled by the court below on two grounds: first that if Har Prasad discharged the prior mortgage he did not thereby acquire a charge on the property of Piare Lal and second that even if he acquired a charge he could not enforce it against the plaintiffs, who were puisne mortgagees. The correctness of these findings is impugned in this appeal which was brought by Har Prasad.

Key Listing Requirements with the Lahore Stock Exchange

 Minimum Paid-up Capital Rs. 200 million (after IPO)  Minimum Public Offer Rs. 100 million or 25% of share capital whichever is higher in case of offer of new shares. However, in case the existing shares of a company are to be offered by a person (who holds more than 10% of the shares) to the public through offer for sale then it shall be Rs. 100 million or 25% of the capital whichever is less  Public issue to be subscribed by not less than 500 applicants  The Prospectus/Offer for Sale is cleared by the Exchange and approved by SECP  Submission of Complete Listing Application along with required documents as per Application Package (available at our website lahorestock.com)  On going compliance of Listing Regulations

Confirmation or rescission of a freezing order under Narcotics Law

2009 PCr.LJ 254

Page 257

As is clear from the provision itself, the paramount consideration for the purpose of confirming or rescinding the freezing of the assets will be the existence or otherwise of reasonable grounds for believing the accused guilty of the offence.

Useful case law on revisional jurisdiction of the High Courts Sec.115 of Civil Procedure Code

1.                  On Maintainability: An interim order which changes the nature and affects the rights of parties is covered within the scope of the phrase “Case Decided”

a.       2009 YLR 51 @ 55

b.      2006 SCMR  21 @ 23 and 24

c.       2007 MLD 177 @ 180 and 181

d.      PLD 1964 Lahore 101 @ 107 and 108

e.       AIR 1948 Nagpur 258

2.                   Lease:  Lease is a transfer of interest in property

a.       PLD 1964 SC 106 @ 110

b.      2005 CLD 1982 @ 1989

Under 53-A of Transfer of Property Act, 1882.

c.       PLD 1969 Karachi 474

Banking Courts, Special Tribunals and High Court's Banking Jurisdiction

BANKING COMPANIES ACT 1997

(RECOVERY OF LOANS, ADVANCES, CREDITS AND FINANCES)

Section 2 Definition (b) Banking court: means-

(1)   In respect of a case in which outstanding amount of claim based on a loan or finance does not exceed thirty million rupees or trial of offences under this Act, the court under section 4: and

(2)   In respect of any other case, the High court;

Privacy, Media and Pakistani Law

By Yasser Latif Hamdani

Two recent episodes have driven home that the people of Pakistan do not wish to live their lives in fear of misdirected religiosity and misguided zeal. The first one was the incident pertaining to Maya Khan and her ill-advised intrusion into the private lives of citizens. The second incident was where another such vigil-aunty from the Punjab Assembly moved a resolution to ban musical concerts at educational institutions in the province. Both these moves were heavily criticised and were widely denounced by the people.

JURISDICTION OF SINDH AND LAHORE HIGH COURTS: A TIME LINE

·         Government of India Act 1915

o   Section 106 – Jurisdiction, original and appellate “subject to the provisions of any such letters patent , all such jurisdiction, powers and authority as are vested in those courts respectively  at the commencement of this act”.

o   Section 107 – Superintendence

o   Section 108-  Power to make rules and Chief Justice’s power to determine which judge to sit on which cases and what Division Benches to be constituted.

o   Section 113- The Rex aka Emperor of India through the British Government is empowered to create additional High Courts.