Legal Services

27/10/2014

27/09/2014

Legal Services Provider:

Tax Services Includes:
1-NTN Registration of Individual, AOP, Company for Income Tax / Sales Tax
2- Tax Returns Filing of Individual / Salaried Person / AOP / Companies & others
3-Tax Litigation/Prosecution

Corporate Services Includes:
1-Registeration of Company / Firm / Shop/ Institutes
2- Partnership Deed
3- Contract & Cooperation / Loan Agreements

IPR Services Includes:
1- Trade Mark / Copyright / Patent Registration
2- Litigation & Prosecution

Litigation Work Includes:
-Banking Loan Cases
-Consumer / Tax / Employment / Family & Guardian Cases
Please contact:

Rabia Amjad
Advocate, Tax & Corporate Consultant
[email protected]

16/07/2014

Jordan Legal System

2. Legislative System
The Constitutional Monarch in Jordan, in accordance with the provisions of the Jordanian Constitution of 1952, enjoys wide powers such as the appointment and dismissal of the Prime Minister.

In accordance with the provisions of the Constitution, laws are proposed by the Council of Minister for the approval of Parliament who also has the right to propose the promulgation of laws. All laws have to be approved ultimately by the king.

Main corporate and commercial laws:

The Civil Code law No. 43 of 1976.
Companies law No. 22 of 1997.
Financial Papers law No. 23 of 1997


Jordanian Judicial System

3. The Judicial System

Jordanian courts are also organised to form two main divisions civil and criminal. They and are also generally divided into three stages of litigation namely: courts of first instance, appeal and cassation. Personal Status Courts dealing with personal status matters form the third division and are organised in two stages, first instance and appeal. Additionally there are specialised courts which deal with specific matters such as labour and customs courts. State security matters are also referred to special courts.

4. Jordanian Judiciary

Judges are usually appointed by the Ministry of Justice from amongst graduates of recognised law colleges who begin their careers by serving as clerks and officer of the courts. Judges are assigned to serve in courts, transferred and promoted by the Ministry of Justice.

5. The Legal Profession in Jordan

Practising lawyers have to be members of the Jordanian Lawyers Association. Lawyers have to undergo a period of training before being allowed to plead cases in the different divisions of the courts.

16/07/2014

Laws of the Kingdom of Saudi Arabia

2. Legislative Procedures

Measures were recently adopted in Saudi Arabia adopted to improve its absolute monarchy system of government such as the issue of a Constitution and establishment of a Consultative Council. In 1992 a Royal Decree was issued adopting the Fundamental Government Statute (Constitution). Article One of this Statute provides that Saudi Arabia is a sovereign Arab Islamic state with Islam as its religion, the Holy Quran as its Constitution, Arabic its language and Riyadh its capital. This Statute also provided for the establishment of a Consultative Council of a Chairman and 60 members appointed by the King chosen from amongst people of knowledge, experience and expertise.

In accordance with the provisions of the above Statute the Holy Quran is the Constitution of Saudi Arabia and the laws and regulations are promulgated in the Kingdom in accordance with Shariah, the Statute and the Council of Ministers and the Consultative Council Regulations. These Laws and Regulations are issued by Royal Decrees upon the approval of the Council of Ministers chaired and the Consultative Council who also has the right to suggest laws to the Council of Minister.

3. Main corporate and commercial laws

Royal Decree for the Regulation of Companies No. M6 of 1965 (as amended).
Royal Decree for the Regulation of Commercial Agencies No. 11 of 1962 (as amended). Implementation Rules for Commercial Agencies Regulations No. 1897 of 1981.

4. The Judicial System

The local Saudi courts who apply Shariah have the jurisdiction to review all matters civil, criminal or personal status. However, the Royal Decree for the Regulation of Companies No. M6 of 1965 (as amended) provided in its Article 232 for the establishment of a Commission for the settlement of of commercial companies disputes. When the jurisdiction of this Commission was later expanded to cover commercial disputes as well, it became known as the Commission for the settlement of commercial disputes. Decisions of the Commission maybe appealed to the special appeals tribunal.

5. The Judiciary

While judges of the local courts are usually appointed by the Ministry of Justice from amongst graduates of recognised Shariah/law colleges, members of the commission for the settlement of disputes are appointed by the Ministry of Trade. .

6. The Legal Profession

Practising lawyers have to be Saudi nationals licensed by the Ministry of Justice to plead cases in the local courts. However, lawyers practising at the commissions for settlement of disputes are licensed by the Ministry of Trade. While Arab or foreign expatriate lawyers usually serve as legal consultants to Saudi lawyers, some foreign law firms have established associations with Saudi lawyers.

16/07/2014

4. The Judiciary in Dubai

Although the trend began in recent years, to appoint an increasing number of judges, who are UAE Nationals, to the different divisions of the Federal courts by the Ministry of Justice from amongst graduates of recognised law/Shariah colleges, is continuing, there are still a few senior expatriate Arab judges serving especially in the higher courts.

Judges who serve in the courts of the other Emirates are appointed by Emiri Decrees.

5. The Legal Profession
Practising lawyers have to be licensed to practice law in the Federal courts by the Ministry of Justice and in the Emiri Diwan in the other Emirates. Lawyers must be graduates of a recognised law/Shariah college. Although in the past expatriate Arab lawyers were licensed to practice at the Federal courts and the other Emirates, the general trend is to restrict such practice to qualified UAE nationals. Expatriates were given a period during which they had to transfer their practice to a national lawyer.

UK, US and European law firms are only allowed to practice as legal consultants, but are not allowed to plead cases in the courts.

6. Laws Regulating Litigation
Law regulating Appeals to the Federal Supreme Court No. 17 of 1978.
Federal Law Regulating the Legal Profession No. 23 of 1991.
Federal Law of Evidence in Civil and Commercial Transactions No. 10 of 1992.
Civil Procedures Law No. 11 of 1992 which the Emirate of Dubai decreed to apply in the Dubai Courts. {footer}

16/07/2014

Main corporate and commercial laws
Labour Law No. 8 of 1980.
Commercial Agencies Law No. 18 of 1981 (as amended).
Maritime Law No. 26 of 1981.
Commercial Companies Law No. 8 of 1984 (as amended).
Civil Transactions Law (the Civil Code) No. 5 of 1985
Trade Marks Law No. 37 of 1992
Commercial Transaction Law No. 18 of 1993

16/07/2014

The Structure of the Federal Courts in the UAE:
The UAE Courts are divided into three main divisions civil, criminal, and Sharjah courts.

They are also divided according to the three stages of litigation as follows:

Courts of First Instance, Appeal and the Federal Supreme Court (referred to as Court of Cassation).

The Court of First Instance includes the Civil Court, the Criminal Court and the Sharjah Court.

The jurisdiction of the thirt division, namely the Sharjah courts, which initially was to review matters of personal status, was expanded in certain Emirates such as Abu Dhabi to include serious criminal cases, labor and other commercial matters.

Civil Litigation includes breach of contracts, construction claims, commercial dispute, insurance personal injury, negligence, injunctions and landowner disputes. between individuals, corporations and/or governmental entities. variousof Civil Law including:

Insurance – Mortgage- Civil Contracts- Compensation cases- Wills – Inheritance- Endowments – Gift- Receivership- Personal rights and civil liabilities- Contracting

12/07/2014

ESTOPPEL CASE LAWS CITATIONS

Sypnosis No.1 – Estoppel “Meaning of”

1. AIR 1954 SC 481:
Esyoppel is a rule of evidence which prevents a party from alleging and proving the truth.

2. AIR 1950 NAG 22:
For the purpose of rule, conduct by act or omission amounting to representation is on the same footing as an express representation.

3. AIR 1965 SC 1812:
The object of Estoppel is to stop or to prevent fraud and to insecure justice between the parties by promotion of honesty and good faith.

4. AIR 1990 KER 146:
Where the evidence has been recieved without objections in direct contravention of an imperative provision of the law the principal on which un-objected evidence is admitted can not be challenged by opposite party at a later stage in the Appellate Court.

Sypnosis No.3 – Promissory Estoppel. Principal:

5. AIR 1995 ALL. 19@ p.(20)]:
The proposition of promisory Estoppel shall not bind other person or saddle liability on other persons because of statement of a third person.

6. AIR 1996 KER 161 @ pp.(163,164):
Though the doctrine has been variously described as “Equitable Estoppel”, “Quasi Estoppel” and “ New Estoppel”, it is a doctrine evolved by equity in order to prevent injustice.

Sypnosis No.8 –Kinds of Estoppel:
7. AIR 1956 ALL 225 (FB)]:
Estoppel in pais i.e Estoppel by conduct, Article 114, Qanun-E-Shahadat Order.

Sypnosis No.9 –Essential Condition:

8. AIR 1992 BOM 233 @ p. (240)]:
One of the essential requirement was that “one party by his words or conduct made to the other makes a clear and uneqivocal promise or representations which was intended to create legal relations or affect a legal relationship to arise in the future having regards to the dealings which have been taken place between the parties.

9. AIR 1994 SIKKIM 1:
A promise must be extended and party must have acted upon such promise. There are two conditions precedents for invocation of the doctrine.

Sypnosis No.11 –Estoppel by Record:

10. AIR 1958 ALL 207; AIR 1971 ALL 334:
If a matter is not directly or substantially in issue there can not be estoppel by Res Judicata.

11. AIR 1959 AP 180; AIR 1970 BOM. 341:
Judgements not inter partes do not create estoppel.

12. AIR 1922 PAT 63:
Res Judicata is founded on the principal that there should be an end of the litigation. Estoppel is a rule of evidence based on the principal that aman who by his act or statement has induced another to believe a thing to be true should not afterwards be heard to deny the truth of that thing to the prejudice of the other who acted upon the belief so induced.

13. AIR 1943 OUDH 354 (FB)]:
Estoppel by record means nothing more generally than that the matter is Res Judicata.

ESTOPPEL HAND NOTE HEADINGS RELEVANT CASE LAWS CITATIONS:

Heading No. Heading Citation
1 Introduction AIR 1954 SC 481
5 Defination of the term AIR 1992 BOM 233@p. (240)]
6(1) Representation AIR 1950 NAG 22
6(2) Illustration AIR 1956 ALL 225 (FB)]
6(7) Some one must believe it AIR 1994 SIKKIM 1
6(8) Some one must act on it AIR 1922 PAT 63
7 Object of the doctrine AIR 1965 SC 1812
8 Basis of the doctrine AIR 1996 KER 161@pp.(163,164)
10 Estoppel is a rule of evidence AIR 1990 KER 146
11 Effect of Estoppel AIR 1995 ALL. 19@ p.(20)]
17 Kinds of Estoppel AIR 1943 OUDH 354 (FB)]
17(3) Estoppel in pais or Conduct AIR 1956 ALL 225 (FB)]
18(3) Representation on question of fact AIR 1959 AP 180
AIR 1970 BOM. 341
18(6) Waiver of Estoppel AIR 1958 ALL 207
AIR 1971 ALL 334

12/07/2014

NGO registration process

1. A society is registered under societies registration act 1860. It comprises of 20 member of general body at least and among them at least 7 members are office bearers. It is registered in a particular district with having all the office bearers belonging to the same district at least. A society can be registered for few purposes only. Such as for the promotion of art and education.

2. A section 42 company is a foundation as per my knowledge. It is registered under Companies Ordinance 1984. It has the greatest jurisdiction in terms of NPOs (Non Profit Organizations) as it has the tendency to work in all Pakistan. It consists of at least 3 promoters and 8 board of directors as per my knowledge. The promoters cannot take any designation in it. On the other hand the board of directors are empowered to make rules and appoint office bearers. It has a registration fee of 85000 Pakistani Rupees as per my knowledge and lawyer's fee is exclusive of that.

3. Another type of non profit organization is a Volunteer Social Welfare Organization which is registered under Volunteer social welfare act, 1961. It has a similar structure to that of a society and it is registered in a particular district. The different between this type of NGO and society is that it can be registered for any charitable and social purpose. Both of these are subjected to clearance. Society requires approval from Special Branch only which a VSWA Organization requires approval from certain agencies.

4. Another type of NGO is a trust. It is also registered at a district level. It has an author(trustor), at least two Trustees and beneficiaries. It is registered under Trust Act 1882.

5. A housing society is registered under corporate societies act. It has a different concept as it is not for charitable purposes.

27/06/2014

We provide you Legal Services which includes Intellectual Property Rights (IPR):
Categories: Trade Mark, Copyright, Patent
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27/06/2014

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