Class Action Lawsuit against Toyota Corolla.

Toyota Indus Motors Pakistan has been accused of collusive pricing and destroying competition. Consequently if you bought a Toyota Corolla in Pakistan over the last 2 years, you may have a cause of action.

If you or someone you know has bought a Toyota Corolla recently, you may be eligible for compensation.

Please contact us for details.

YLH&Co / Hamdani & Rana

aforesaid

Before, preceding, or already mentioned.

Trespass

An unlawful intrusion that interferes with someone else's possession of his property. A trespass gives the property owner a right to bring a civil lawsuit and collect money damages for the interference and for any harm caused. Usually a trespass is considered an intentional tort a civil wrongdoing, but some states have laws that have trespass a crime.and provide fines and imprisonment. Generally, a trespass is committed on real property, real estate or  land and everything that is attached to it, but a trespass can also be to personal property, all other forms of property as well.

 

Day in court

A person has a day in court when he is given a date to appear before bench to be heard in his own behalf. In popular usage, the phrase refers to the opportunity to present one's claims or rights in a court hearing rather than the time appointed for a hearing.

US Supreme Court's decision in Horne v. Department of Agriculture aka Raisin growers case

By Yasser Latif Hamdani

The US Supreme Court's decision in Horne v. Department of Agriculture aka Raisin Growers Case is one which will be debated for a long time to come. It sets down that regulated industries don't have to pay fines unless the constitutionality of the fine is decided first.

Confusion of goods (Bailment)

A mixing together of the properties of different persons so that it is not possible to tell what belongs to whom. Ordinarily, if someone fraudulently mixes his goods with another's so they cannot distinguished, forfeits all his interest in the mixture to the other person . Oil is a common example of a substance to which the principle of confusion of goods might apply. 

confrontation (in a criminal trial)

In criminal law, placing a witness face-to-face defendant. Then the witness may identify the defendant or the defendant may may make any objection he has directly to the witness and cross-examine him.

apprehension (criminal law)

The seizure or taking talking of a person on a criminal charge. The word is applied only to criminal cases.The term arrest is used in both criminal cases and civil cases.

Anusha Rahman's Faux Pas: "We can ban google if ..."

By Yasser Latif Hamdani

If there was any hope or optimism that one had associated with this current Nawaz Sharif govt, Anusha Rahman's statement widely reported on Sunday ended it. Here is a corporate lawyer with telecom expertise making possibly the most ignorant and illogical statement yet. What then can one expect from the rest of the maja sajas who have come to power in the current regime?

PRISM - new cross border infringement on privacy

By YLH

As someone who considers himself a great admirer of the US legal system, the American belief in constitutional rights and personal freedoms,  recent developments in the US vis a vis NSA's PRISM has saddened me greatly. I feel shattered, cheated - almost as if I have believed in a lie all these years.  One always suspected that there may be some surveillance but to think that it would be so widespread - worse than fiction (remember Enemy of the State?)- it is just mind blowing.  Remember we are talking of surveillance that goes beyond anything the former Soviet Union was guilty of.  What then of the leader of the free world?

exemplification

A copy or transcript of a document, such as a death certificate, taken from public records and authenticated by the seal of the official who has custody of the original.

cross complaint

See counter claim; cross claim

criminology

The scientific study of  crimes and their prevention and punishment.

Cosigner (Banking and Corporate Law)

A person who signs a document along with an other person. Depending on state law and the circumstances of the agreement, the cosigner may be equally liable for the debt or he may have to pay the debt only if the other person does not.If the document concerns property, both the law and agreement between parties will determine whether the cosigner has any rights in the property.

capital asset

In tax tax law, almost all property that can be owned, other than what is ordinarily held  for sale.Examples include a company-owned building or trade-mark, land, jewelry  or stock owned by an individual.

canon law

Ecclesiastical law, the constitutional law of a church, rules and regulations that govern a church or some part of the church.

Pity of Twitterati: Dr. Ayesha Jalal, Manto, Jinnah and us

By Yasser Latif Hamdani

First the obvious question: Why is this on my law blog? Well because I am a lawyer.

Next. Here is a short story from Manto for our readers:
Pathanistan
Khu, speak out immediately. Who are you?'
'I.... I....'
'Son of Satan, speak speak, speak! Are you an Indu (Hindu) or a Muslimeen (Muslim)?'
'Muslimeen.'
'Khu, who is your Prophet?'
'Mohammad Khan.'
'That's right, go.'
(Saadat Hassan Manto)

adjuster

One who determines or settles the amount of a claim or debt, an insurance agent who settles claims.

Congratulations Democratic Pakistan

Pakistan has completed today a peaceful transition from democratically elected government to another through constitutional means and in due course. It is also the second time a legislature has handed over the reins to another legislature, which means that Pakistan now has had 11 years of unbroken national legislature.

Things will only get better. One can only wish a demcoratic Pakistan the best of luck in the future.

Hasba Bill Reference Case. The Most Important Judgment on Privacy in Pakistan.

IN THE SUPREME COURT OF PAKISTAN

(Advisory Jurisdiction)

Present

Mr.Justice Iftikhar Muhammad Chaudhry, CJ.

Mr.Justice Javed Iqbal

Mr.Justice Abdul Hameed Dogar

Mr.Justice Sardar Muhammad Raza Khan

Mr.Justice Muhammad Nawaz Abbasi

Mr.Justice Faqir Muhammad Khokhar

Mr.Justice Mian Shakirullah Jan

Mr.Justice M. Javed Buttar

Mr.Justice Saiyed Saeed Ashhad

REFERENCE NO. 2 OF 2005

Reference by the President of Pakistan

under Article 186 of the Constitution of

the Islamic Republic of Pakistan, 1973.

For the President : Mr. Makhdoom Ali Khan,

Attorney General for Pakistan.

Raja Muhammad Irshad, Dy. Att: Gen.

Mr. Nasir Saeed Sheikh, Dy. Att: Gen.

Ms. Nahida Mehboob Ellahi, Dy: Att: Gen.

Mr. Faisal H. Naqvi, Advocate.

Mr. Uzair Karamat Bhandari, Advocate.

Mr. Khurram M. Hashmi, Advocate.

Mr. M.S. Khattak, AOR.

For the Government of NWFP: Mr. Khalid Anwar, Sr. ASC.

Haji M.A. Qayyum Mazhar, AOR.

assisted by

Mr. Muneeb Akhtar, Advocate.

Mr. Bilal Shaukat, Advocate.

Mr. Younas Tanoli, AG NWFP.

Pir Liaqat Ali Shah, Addl: AG NWFP.

On Court notice : Mr. Aftab Iqbal Chaudhry,

Advocate General (Punjab).

Mrs. Afshan Ghazanfar Asstt: AG(Pb.)

Syed Sajjad Hussain Shah, Ass: AG (Pb).

Dr. Qazi Khalid Ali, Addl: AG Sindh.

Mr. Salah-ud-Din Mengal,

AG (Balochistan)

Dates of hearing : 1

st, 2nd, 3rd, and 4th August, 2005.

…………………………

Reference No.2/2005

2

OPINION

IFTIKHAR MUHAMMAD CHAUDHRY, CJ. –

The President

of Pakistan has referred the following questions of law for opinion of

this Court under Article 186 of the Constitution of the Islamic

Republic of Pakistan, 1973 (hereinafter referred to as the

Constitution):-

“

i) Whether the Hisba Bill or any of its provisions

would be constitutionally invalid if enacted?

ii) Whether the Hisba Bill or any of its provisions,

would, if enacted; be violative of the

fundamental rights guaranteed in Part-II,

Chapter 1 of the constitution, including but not

limited to Articles, 9, 14, 16 to 20, 22 and 25

thereof?

iii) Whether the Hisba Bill or any of its provisions

would, if enacted, be violative of Articles 2A, 4,

203G, 212, 229 and 230 of the Constitution?

iv) Whether the enactment of the Hisba Bill would

encroach on an occupied field, violative of the

Constitution by creating a parallel judicial

system, undermine judicial independence and

deny citizens their right of access to justice?

v) Whether the enactment of the Hisba Bill would

violate the principle of separation of powers

enshrined in the Constitution?

vi) Whether the Hisba Bill, and in particular

Sections 10 and 23 thereof, is unconstitutionally

overbroad and vague and suffers from excessive

delegation?

vii) If the answer to any one or more of the above

questions is in the affirmative, whether the

Governor, NWFP is obliged to sign into law the

Hisba Bill passed by the NWFP Assembly?”

2. Precisely stated, the circumstances which necessitated the

seeking of opinion from this Court by the President of Pakistan, are

that on 19

th June, 2003, a draft Bill titled “HISBA BILL” was

submitted under the N.W.F.P Rules of Business, 1985, to the

Governor of NWFP for his approval prior to its presentation before

the N.W.F.P Assembly. The Governor returned the draft bill to the

Reference No.2/2005

3

Laurence Tribe's New Book is coming out soon

Laurence Tribe the celebrated author on US Constitution and a Harvard Law professor is releasing his 16th book - "Uncertain Justice". This book is co-authored by Joshua Matz who is also a Harvard graduate and a law blogger. This book will aim to explain how the impact of politics on law can make the process of justice uncertain.

accidental-death benefit

An additional insurance benefit payable when a person dies as the result of an accident, usually the same thing as double indemnity .