MAQ & Associates Advocates, Consultants, Barristers

10/04/2026

𝑪𝑵𝑰𝑪 𝒊𝒔 𝑵𝒐𝒕 𝑴𝒐𝒗𝒂𝒃𝒍𝒆 𝑷𝒓𝒐𝒑𝒆𝒓𝒕𝒚 𝑩𝒖𝒕 𝒂𝒏 𝑰𝒅𝒆𝒏𝒕𝒊𝒕𝒚 𝑫𝒐𝒄𝒖𝒎𝒆𝒏𝒕.
LHC settled a chronic issue in today's ruling that CNIC is not moveable property; can’t be blocked, impounded or attached: In a defining moment for citizens’ rights, the 𝐋𝐚𝐡𝐨𝐫𝐞 𝐇𝐢𝐠𝐡 𝐂𝐨𝐮𝐫𝐭 has ruled that a Computerised National Identity Card (CNIC) is not movable property and therefore cannot be blocked, impounded, or attached in civil disputes. 𝐉𝐮𝐬𝐭𝐢𝐜𝐞 𝐓𝐚𝐧𝐯𝐞𝐞𝐫 𝐀𝐡𝐦𝐚𝐝 𝐒𝐡𝐞𝐢𝐤𝐡’𝐬 𝐝𝐞𝐜𝐢𝐬𝐢𝐨𝐧 ends years of misuse where CNICs were treated as leverage in property or recovery cases.

The Court held that identity is a constitutional right, not an asset to be seized, and that NADRA alone has jurisdiction under the 𝐍𝐀𝐃𝐑𝐀 𝐎𝐫𝐝𝐢𝐧𝐚𝐧𝐜𝐞, 𝟐𝟎𝟎𝟎, to act in cases of fraud or duplication. This ruling restores dignity to the concept of citizenship. By declaring CNICs beyond the reach of civil enforcement, the Court has reaffirmed that no one’s right to identity, banking, travel, or livelihood can be suspended as a coercive measure. It’s a victory for due process and a reminder that justice must protect people, not pressure them.

For lawyers, policymakers, and citizens alike, this judgment is more than a technical clarification; it’s a precedent that redefines how identity and property intersect in law. Pakistan’s judiciary has once again shown that rights are not negotiable, and identity is sacred. LAHORE BAR Lawyers Lahore High Court, Lahore

26/03/2026

“Latest Supreme Court's verdict draws the 𝗗𝗶𝘀𝘁𝗶𝗻𝗰𝘁𝗶𝗼𝗻 𝗕𝗲𝘁𝘄𝗲𝗲𝗻 𝗟𝗲𝗴𝗶𝘁𝗶𝗺𝗮𝘁𝗲 𝗮𝗻𝗱 𝗕𝗶𝗼𝗹𝗼𝗴𝗶𝗰𝗮𝗹 𝗖𝗵𝗶𝗹𝗱 in Pakistan’s Family Law”

In a recent judgment on 𝗷𝗮𝗰𝘁𝗶𝘁𝗮𝘁𝗶𝗼𝗻 𝗼𝗳 𝗺𝗮𝗿𝗿𝗶𝗮𝗴𝗲, the Hon’ble Chief Justice of Pakistan, heading the bench, dismissed frivolous and vexatious litigation and imposed 𝗲𝘅𝗲𝗺𝗽𝗹𝗮𝗿𝘆 𝗰𝗼𝘀𝘁𝘀 𝗼𝗳 𝗥𝘀. 𝟭 𝗺𝗶𝗹𝗹𝗶𝗼𝗻 on the petitioner. Significantly, the Court drew a clear distinction between a “legitimate child” and a “biological child.”

This distinction highlights how the law differentiates between legitimacy in the eyes of society and formal recognition under legal frameworks. It serves as a reminder that jurisprudence continues to evolve in addressing sensitive issues of family law, inheritance, and social identity.

18/03/2026

Thinking of expanding your business into Pakistan, pause for a moment. Your international registrations alone will not shield you here.

Although section 86 of the Trade Marks Ordinance, 2001, now the Trade Marks (Amendment) Act 2023, recognises "Well‑Known Marks", and Pakistan is bound by the Paris Convention and TRIPS obligations. But the latest UK‑commissioned review of Pakistan’s IP regime reminds us of a hard truth: enforcement remains fragile, litigation is slow, and without local registration, protection is more theory than practice.

This gap between law and reality is where risk lives. A contract that ignores local IP registration is not just incomplete, but it is an open invitation to dispute. Technology procurement, franchising, and licensing agreements must now carry clauses that anchor rights in Pakistan’s registry, not just in international paperwork.

For corporates and startups, the lesson is clear: hashtag , draft defensively, and enforce proactively. International recognition may give you standing, but local registration gives you the strength to enforce your IP rights in case of infringement.

Do businesses underestimate this? Perhaps. But in Pakistan’s evolving commercial landscape, those who treat IP as a mere formality will find themselves negotiating from a position of weakness, while those who embed it in their contracts and consider local registration the safest and most efficient way to secure rights will gain an advantage. hashtag hashtag hashtag hashtag hashtag hashtag hashtag

28/02/2026

Lawyer Client Relationship and Professional Fees Phenomena; Recent Judicial Verdict on Lawyer's Professional Fees;(⚖️PLD 2026 Supreme Court 75)

The Supreme Court has ruled that professional fees cannot be recovered through criminal proceedings. This landmark decision reinforces that the lawyer–client relationship is built on trust, professionalism, and contractual obligations. Disputes over fees must be addressed through civil remedies, not criminal law. By protecting both lawyers and clients from misuse of the criminal process, the verdict upholds the dignity of the profession and the integrity of client agreements.

Held:
Where an advocate initiated criminal proceedings under section 489-F, P.P.C. against his own client on account of dishonour of cheques issued towards payment of professional fees, the dispute, prima facie, was civil in nature. Non-payment of professional fees, by itself, does not necessarily entail penal consequences and ordinarily gives rise to civil remedies, including recovery through a suit or claim for compensation under section 73 of the Contract Act, 1872.

Initiation of criminal proceedings by a counsel against his own client is permissible only in exceptional circumstances where no other adequate remedy is available and where dishonest intention (mensrea) at the time of issuance of the cheque is clearly established. Section 489-F, P.P.C. is intended to function as a safeguard against fraud and not as a coercive tool for enforcing civil recovery or pressurising payment of fees.

The advocate–client relationship is fiduciary in nature and is governed by principles of trust, confidence, and confidentiality. Any action by an advocate which compromises privileged communication or abuses the criminal process to secure payment undermines professional ethics and the administration of justice. Relevant statutory provisions, including Rule 155 of the Pakistan Legal Practitioners and Bar Councils Rules, 1976, and Article 9 of the Qanun-e-Shahadat Order, 1984, emphasise avoidance of fee-related disputes and protection of professional communications.

Criminal liability under section 489-F, P.P.C. requires strict scrutiny and proof of culpable mental state; mere failure to honour a financial obligation or breach of contract does not automatically constitute the offence. Criminal proceedings must not be used as a substitute for civil remedies.

In the circumstances, bail was allowed, and the petition for leave to appeal was accepted. Reliance placed on 2023 SCMR 1948 and 2013 SCMR 51. hashtag hashtag hashtag

06/02/2026

A comprehensive video on trademark search in Pakistan, guiding the methods and processes for conducting online trademark searches and obtaining a trademark search report by filing TM-55.

Please like and share , MAQ & Associates Advocates, Consultants, Barristers

06/02/2026

A comprehensive vlog on Trademark Search in Pakistan, including how to conduct an online trademark search and obtain a complete trademark search report, is thoroughly discussed in the video. MAQ & Associates Advocates, Consultants, Barristers

Please subscribe to our channel, like and share the video. , , ,

21/01/2026

Strengthening Justice Through ADR Reform in Pakistan:

The Government of Pakistan is moving forward with significant amendments to the Alternative Dispute Resolution (ADR) Act, 2017. The proposed changes will make it mandatory for courts to refer certain cases to ADR mechanisms such as mediation, conciliation, and arbitration, a step designed to reduce the burden on civil and district courts and ensure speedy, cost-effective justice.

This reform follows recommendations from the National Judicial (Policy-Making) Committee (NJPMC), chaired by the Chief Justice of Pakistan, which emphasised the need for mandatory pre-trial mediation. The Cabinet Committee on Disposal of Legislative Cases (CCLC) has already approved the draft, paving the way for cabinet consideration.

In parallel, Pakistan has also established the Trade Dispute Resolution Commission (TDRC) under the Trade Dispute Resolution Act, 2022, granting it exclusive jurisdiction over private foreign trade disputes. For the first time in 75 years, Pakistani exporters, especially micro, small, and medium enterprises (MSMEs) will be able to resolve disputes with foreign trading partners within Pakistan, rather than pursuing costly litigation abroad.

These developments mark a transformative shift in Pakistan’s legal landscape, promoting reconciliation, reducing litigation costs, and aligning with international best practices in dispute resolution.
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13/01/2026

A wife who has been delegated the right to divorce may revoke the divorce notice within 90 days, just as a husband may do so.

The Supreme Court of Pakistan recently ruled (late 2025) that when a husband delegates the right to divorce (talaq-e-tafweez) to his wife, she also has the full power to revoke that divorce notice within the mandatory 90-day reconciliation period stipulated under Section 7 of the Muslim Family Laws Ordinance, 1961, (MFLO) a decision that upholds women's rights and ensures delegated divorces aren't final until the cooling-off period ends. This landmark ruling, made in the case of Muhammad Hassan Sultan v. Morial Shah, confirms that all divorces, including those under delegated power, must follow the 90-day rule, effectively giving the wife the same standing as the husband to withdraw the divorce.

The Supreme Court of Pakistan held that no divorce, including triple talaq, would be deemed to have taken place before the expiration of the 90-day cooling-off period provided under Section 7 of MFLO, during which time both the husband and wife can reconsider the decision.

The court further explained that in the case of a husband giving his wife an absolute right to divorce, she may revoke the same before the expiry of 90 days. This judgment has been given in the case of Muhammad Hasan Sultan while upholding the order of the Sindh High Court, dated October 7, 2024.
The spouses married in 2016, and the wife issued a notice under Section 7(1) on 3 July 2023, which she revoked on 10 August 2023, before the expiry of the 90 days. The court underscored that the divorce takes effect only upon the expiry of the statutory 90-day period.

Legal Context;
• Section 7 mandates a 90-day reconciliation period for all forms of divorce, including those initiated by delegated authority.
• Section 8 clarifies that when a wife is delegated the right to divorce, she also inherits the procedural rights and obligations, including revocation.

Implication: Delegated divorce power legally places the wife in the same position as the husband regarding revocation rights during the reconciliation period. This ruling reinforces procedural parity and strengthens the legal standing of delegated divorce clauses in nikah contracts.

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07/11/2025

Overseas Pakistanis deserve better access to justice.

The Lahore High Court once took a commendable step by introducing a dedicated cell for overseas Pakistanis, including an online facility titled “E-Filing of Complaints” on its official website. This initiative was meant to simplify the process for overseas citizens to lodge complaints without physical presence.
However, despite the icon still being visible on the LHC website, the link appears to be non-functional. I, along with several overseas colleagues, have repeatedly attempted to submit complaints through this portal, all in vain. Whether this is a technical failure or a deliberate deactivation, the result is the same: a critical access point has been rendered useless.
It’s unclear whether any physical (non-virtual) cell still exists within the LHC premises. But the lack of functionality in this digital gateway raises serious concerns about institutional accountability and the sincerity of outreach efforts toward overseas Pakistanis.
A dysfunctional link is not just an IT issue, it’s a breach of trust.

Overseas Pakistanis deserve better access to justice. The Lahore High Court once took a commendable step by introducing a dedicated cell for overseas Pakistanis, including an online facility titled “E-Filing of Complaints” on its official website https://lnkd.in/dRTF7X7G. This initiative was mea...

02/08/2025

From dysfunctional IP Tribunals to paper-thin deterrence laws, the current state demands urgent reform. Here’s an in-depth look at where the system is failing—and how it can be rebuilt.

Introduction; Despite having a formal legal framework aligned with international standards such as TRIPS, Pakistan continues to struggle with the effective enforcement of intellectual property rights (IPRs). The gap between legislation and implementation has led to widespread infringement, discourag

26/01/2025

Wondering how long it takes to register a trademark internationally?

Timeframes for trademark registration in key countries worldwide. From the United States to Europe, Asia, and beyond..

Perfect for business owners, entrepreneurs, and anyone looking to protect their brand globally.

Don’t forget to like, subscribe, and share more trademark and intellectual property insights.

Wondering how long it takes to register a trademark internationally? 🌍 In this video, we break down the typical timeframes for trademark registration in key...

29/12/2024

The article comprehensively addresses EU directives pertaining to intellectual property, with a specific focus on French intellectual property laws. It meticulously examines the procedures for trademark and copyright registration, including opposition, revocation, cancellation, infringement proceedings, and appeals in France. Furthermore, the article delves deeply into every facet of trademark and copyright law, covering the processes for registration, rejection, renewal, opposition, invalidation, revocation, and cancellation.

The article comprehensively addresses EU directives pertaining to intellectual property, with a specific focus on French intellectual property laws. It meticulously examines the procedures for trademark and copyright registration, including opposition, revocation, cancellation, infringement proceedi