Farhan Khaliq Anwer Advocate; The Lords International [Magazine of Law & Law Fields]

I can present several examples. Specially from Karachi. Where, people used to purchase, many years ago, property / houses through all legal means & with all legal documentation. And now the courts have ordered to demolish or seal, all those properties / houses as the same were illegal. Who is, to suffer for loss of hard earned money? Answer is PEOPLE. Every year, several cases, rose in courts, that the authorities had made appointments & the courts declared, all such appointm ents are illegal. Specially in one case, a person was appointed 5/6 years ago through public service commission and now he has lost his job as the same is decelerated in court as it was illegal. Who is, to suffer for loss of, Age 5-/6 years & money. Answer is PEOPLE..  Now in Naya Pakistan Scheme, if government takes money from people & after 5/6 years, the people remain deprived from taking possession of houses or after years, court declares it as the same was  illegal. Who is, to su...

Haq Shuffa / Right of premption: It is a right, which arises out from the sale of immovable property which belong to areas other than urban and cantonments, i.e., only in village. Like other rights, the right of pre-emption, has to be regarded in a two fold aspects, such as: (1) As a primary or inherent right. (2) As a secondary or remedial right. Primary right: The right to have an offer of an intended sale is inherent to the pre-emptive property and continuously attached with it and passes along-with it to transferees, assignees, legal representatives, and heirs. In other words, it is a right attached to the pre-emptive property and is inseparable from it. This right is capable of transfer by the transfer of the pre-emptive property. Secondary right: It does not vest in the property at the date of sale. Priority right: For the purpose of right of pre-emption claim, the claimant has to show his preferential right to acquire the property, as it is the first important con...

  BEFORE THE COURT OF REGISTRAR CO-OPERATIVE SOCIETIES KARACHI. ABN Case No:        2017 APPEAL No:            /2018 M/S. Works Co-operative Housing Society Ltd. Office at No; B-44, Block-8, Gulshan Iqbal, Karachi ………                …………       APPELLANT.                             VERSUS Mst. S. Farooqi W/O R. M. Baig, Through Attorney M.A S/O M.A, House No:   D.View, Phase No: Karachi .                   ……………… RESPONDENT. APPEAL AGAINST AWARD U/S 56 C.S.Act 1929 Being aggrieved and dissatisfied with the Award, dated 14 February 2018, passed in ABN Case NO:     /2017, by the court of Rigistrar’s Nominee, the Appellant above captioned, prefers this Appeal in ...

  NO LAW CAN BE GOOD LAW IF IT IS UNABLE TO BE ENFORCED   The current state of crime control in our country is not the sole fault of the country's law enforcement agencies. In addition to law enforcement, the responsibility lies with policy makers of the country and the judiciary also.What is lacking in Pakistan is the ability of its criminal justice apparatus to deal with crime.When crimes of a dehumanizing nature are committed repeatedly, and no law enforcement officer or agency is held responsible and accountable for the recurrence of the crime, it exposes the fallacy in the argument that laws in our country are good and the problem lies with enforcement. If a law enforcement officer does not fear accountability and hence fails or, as it often happens, refuses to intervene to prevent crime, the finger points to the state, which allows a culture of irresponsibility among law enforcement officers. Fault lies with the judiciary as well. When courts take a decade t...