Helfen Law Firm

26/03/2024

The Federal Board of Revenue (FBR) has declared 34 banks as ‘SWAPS’ agents (withholding agents) for the deduction and monitoring of withholding taxes under various provisions of the Income Tax Ordinance, 2001.

25/03/2024

In Detail:

1. Distinct Legal Entity

2. Limited Liability – Protection of Personal Assets

3. Easy Measurement of Investment of Every Person

4. Easy Transferability of Ownership of Shares

5. Perpetual Succession

6. Easy to Raise Funds

7. Part of Regulated and Documented Sector

8. Accountability and Responsibility

9. Elevation of Business Status

10. Establish Credibility

11. Compact Legal and Organizational Framework

What does limited liability mean?

This means that if a company is put into liquidation, the people who own the company will only be required to pay what they have already paid or agreed to pay towards settling its debts. Limited liability gives the owners of the company (its members) protection if the company fails.

Helfen Law Firm

25/03/2024

*Company formation Advantages*:

• Limited Liability: It means that if the company experience financial distress because of normal business activity, the personal assets of shareholders will not be at risk of being seized by creditors.
• Minimum number of shareholders need to start the business..
• The business will continue even if one of the owners dies.
• More capital can be raised as the maximum number of shareholders allowed is 50.
• Scope of expansion is higher because easy to raise capital from financial institutions and the advantage of limited liability.

Helfen Law Firm

28/12/2023

آپ کی سہولت بھی اور آپ کا فائیدہ بھی۔
Helfen Law Firm

23/12/2023

Helfen Law Firm
فرم اپنے ٹیکس کلائنٹس کے لیئے ایک وٹس ایپ کمیونٹی تشکیل دینے جا رھی ھے جس میں بزنس سیکٹر کے ساتھ جاب ھولڈرز اور زمیندار ٹیکس پیئرز کو ملک میں ٹیکسیشن چینجز کی بروقت معلومات فراھم کی جائے گی اور انکو ایک دوسرے کے ساتھ بزنس کے مواقع بھی میسر آئیں گے۔ آپکی رائے درکار ھے کہ کیا آپ اس کمیونٹی کا حصہ بننا چاھیں گے؟
Helfen Law Firm
+923009824406

20/12/2023

20/11/2023

سوال کیا گیا۔۔۔

کیا اندھا شخص نکاح پڑھاسکتا ہے کہ نہیں ۔ ایک کیس میں اندھا شخص نے نکاح پڑھایا ہے اس کی قانون کیا حیثیت ھوگی؟

جواب۔۔۔

جی بالکل، مگر شرط ایک جیسی ھے کہ دو گواہان دولہا اور دلہن کی شناخت کریں۔

16/11/2023

شریک کھاتہ جائیداد کے ہر ایک انچ میں بالکل اسی طرح برابر کا مالک ھے جیسے کہ دیگر کھاتہ داران مالک ھیں۔ البتہ غیر معمولی حالات کی موجودگی میں ایک کھاتہ دار دیگر کھاتہ دار کے خلاف غیر قانونی قبضہ کرنے کا کیس دائر کر سکتا ھے۔
2023 YLR 2691

Prevention of illegal Dispossession of property---Appreciation of evidence---Benefit of doubt---Allegation against the accused persons was that they took over the possession of land of the complainant forcibly and illegally---Admitted fact that the alleged occurrence was stated to be occured on 03.08.2010 at about 11:00 a.m. and admittedly, the complainant had himself filed suit for specific performance regarding the suit property on 29.10.2004 whereas the Illegal Dispossession Act, 2005 was promulgated in the year 2005, therefore, the dispute in respect of land was already pending adjudication before promulgation of Illegal Dispossession Act, 2005---Admittedly, certified copy of Khasra Girdawari did not bear signatures of circle Patwari---Admittedly, the accused persons were co-sharers in the Khata and mutation in that regard was also available on file---Co-sharer was presumed to be in possession of each and every inch of joint property---Thus, applicability of the Illegal Dispossession Act, 2005, in such a case required extraordinary circumstances, which were very much lacking in present case---Nothing was on record which could establish any link of the accused persons with land grabbers or qabza mafia---Further, complainant admitted that at present, possession of the disputed land was with him and after decreeing of civil suit in his favour, accused persons preferred Civil Revision which was pending adjudication before the Court---Dispute, prima facie, appeared to be between co-sharers/co-owners---Position, being so, brought the case of the accused persons out of the purview of S. 3 the Illegal Dispossession Act, 2005---

16/11/2023

قانون وراثت پر ایک بہت ھی اھم فیصلہ۔

2023 YLR 675

When a Muslim man dies leaving behind a wife but no issue, his wife will inherit 1/4th share of his property. The remaining 3/4th will go to the remaining legal heirs. In this proposition one real brother of the deceased was left who died after one month of deceased. He had a wife and three daughters. Now remaining 3/4th property will be divided to his legal heirs. His wife will get share as sharer to the extent of 1/8th of the property, 3/4th and 2/3rd of the remaining property will be given to the daughters (three in number) with equal share. Now if the deceased had a son then the sons of deceased’s stepbrother would not get any share, but in this case since Abdul Rehman had only three daughters and no son, therefore, the remaining 1/3rd will go to the sons of the deceased.

15/11/2023

2023 CLC 1777

In legal parlance a revisional power of the High Court is exercised for correcting an error committed by the subordinate Courts in exercise of their jurisdiction and even mere erroneous decision would not call for interference unless it is established that the decision was based on no evidence or the evidence relied upon was inadmissible or the decision was perverse so as to cause grave injustice. This is settled law that the High Court in revisional jurisdiction cannot upset the concurrent findings of facts by means of reexamination of evidence and in the present case, the perusal of record would not show any misreading or non-reading of evidence brought on the record by the parties or suggest that the Court of first instance and the Appellate Court had drawn wrong conclusion from the evidence calling for interference of the High Court in its revisional jurisdiction.

It must be understood that the Revisional Court has a narrow and limited jurisdiction to interfere in the concurrent rulings arrived at by the courts below while exercising power under Section 115 CPC. These powers have been entrusted and consigned to the Revisional Court in order to secure effective exercise of its superintendence and visitorial powers of correction unhindered by technicalities which cannot be invoked against conclusion of law or fact, which do not in any way affect the jurisdiction of the court but is confined to the extent of misreading or non-reading of evidence, jurisdictional error or an illegality of the nature in the judgment which may have material effect on the result of the case or the conclusion drawn therein is perverse or contrary to the law. Therefore, interference for the mere fact that the appraisal of evidence may suggest another view of the matter is not possible in revisional jurisdiction.

Therefore, the scope of the appellate and revisional jurisdiction must not be mixed up or bewildered. The interference in the revisional jurisdiction can be made only in the cases in which the order passed or a judgment rendered by a subordinate Court is found to be perverse or suffering from a jurisdictional error or the defect of misreading or nonreading of evidence and the conclusion drawn is contrary to law.

Helfen Law Firm

15/11/2023

Preparing for an important contract with a business entity for their legal matters 🤝

14/11/2023

2023 CLC 1892

There is legal presumption in view of explanation to section 12 of the Specific Relief Act, 1877 that the breach of contract to transfer an immovable property cannot be adequately relieved by compensation in money. The burden to dislodge the above legal presumption is on the one who avers contrary to it. No doubt the jurisdiction to decree specific performance is discretionary, however, the exercise of such discretion is not arbitrary but reasonable and is guided by the judicial principles. In the suit for specific performance, if plaintiff makes any express averment in the pleadings of his readiness and willingness to perform his part of the contract and deposits the balance sale price as per direction of the Court then it would not be deemed to be his incapability of performing his part of the contract as envisaged under section 24(b) of the Specific Relief Act, 1877 rendering the contract non-enforceable, the suit cannot be dismissed.

Helfen Law Firm