Criminal Litigation, defence and Prosecution
Criminal law is concerned with the set of guidelines that the law governs. These laws and guidelines specify what behavior is considered illegal as well as how offenders will be prosecuted. An individual violates the law when they disobey a legal requirement, which is considered a crime. Pakistan’s criminal law is extremely comprehensive, covering every aspect of what makes a crime.
Registration of FIR
Reporting a crime is the first step in starting a criminal case. For this purpose, a formal complaint (FIR) is filed under section 154 of the Criminal Procedure Code, 1898, at the closest police station by the victim, a victim’s relative, or a witness. If the police officer refuses to file the FIR, the victim may institute a petition under sections 22A and 22B of the Criminal Procedure Code, 1898, as a remedy.
Trial Under the Criminal Procedure Code, 1898
The trial to establish a person’s guilt or innocence begins with the filing of a formal complaint. Two categories apply to the trial under the Criminal Procedure Code of 1898.
Residential & Commercial Property Law
We assist both overseas Pakistanis and foreign clients from the moment of their decision to buy or sell a property in Pakistan, to then follow the whole process: through the pre-contractual due diligence and tax consultancy (in collaboration with FBR), the drafting of preliminary contracts which includes suitable guarantees, to plan the finalization of the transaction with ease.
We offer legal consultancy services for the purchase and sale of real estate and lease contracts, both commercial and residential. Finally, we deal with all the legal matters related to the property law, such as easements and usucapion.
We guarantee assistance to those who want to participate in real estate auctions, buying their property through judicial proceedings. As well as in the phase of putting the goods to income, by arranging residential or commercial lease contracts that meet the needs of the Client.
Unfortunately, in Pakistan, land taking, and forceful ownership of land by the land mafias or Qabza groups has become a threat, and the overseas Pakistanis are the main target of this crime. Overseas Pakistani Legal & Allied Services (Oplas.legal) has a team of the best lawyers of Pakistan, provides reliable and steadfast legal services in Pakistan.
Landlord & Tenant Law
There are four main laws dealing with rent restriction, which cover the following areas of Pakistan.
- Islamabad Capital Territory
- Punjab, Kyber Pakhtunkhawa (KPK) / Baluchistan & Sindh.
- Cantonment areas
In Islamabad Capital Territory rents can be freely agreed between landlord and tenant. The rental agreement must be registered with the Rent Controller within a week of signing the agreement. The rent of a building is automatically increased at the end of every three years of the tenancy by 25% of the rent already being paid by the tenant, unless the landlord and tenant agree to increase the rent by an agreement in writing. In the five other areas of Pakistan covered by distinctive provincial legislation, the Rent Controller is empowered to fix a fair rent, on application by the tenant or landlord.
These five other areas are:
- Punjab, Kyber Pakhtunkhawa (KPK), Baluchistan & Sindh
- Cantonment areas.
Family Law and Children's Rights
In these matters we operate mainly in the following areas: separation between spouses; dissolution or cessation of the civil effects of marriage; revision or modification of the conditions of separation or divorce determined by mutual agreement or litigation; civil unions and cohabitations.
Great attention is always given to the children’s rights and thus to their protection and preservation. Still in the field of family law and children’s rights we also provide assistance in proceedings before the Family Court Judge and the Juvenile Court.
The family law of Pakistan is an umbrella that serves several issues related to marriage and family. The following categories are dealt with under the family law of Pakistan.
- Nikah
- Cancellation of Marriage
- Divorce/Khula
- Maintenance of wife and child
- Restitution of marital rights
- Adoption
- Law of inheritance and succession
The Muslim Family Law ordinance 1961
The Muslim Family Law Ordinance 1961 extends to the whole of Pakistan and is applicable to all of Pakistan’s Muslim citizens. The Ordinance covers all the categories included in the family law of Pakistan and is combined with different Acts concerning the subject issue.
Inheritance Law
We offer both out-of-court and judicial assistance in matters of inheritance law for lawful, testamentary, and necessary succession.
We are responsible, on the one hand, for the correct planning of family assets and assistance in the drafting of holographic wills, and, on the other hand, for everything concerning the opening of successions, the examination of wills and the devolution of inheritance.
In the case of inheritance successions, we provide assistance in appeals against wills for violation of the legitimate share or for other causes, petition actions, actions to reduce testamentary dispositions and donations, inheritance divisions.
The courts in Pakistan in the matters of succession to the estate of a Muslim, can only apply Muslim inheritance law, irrespective of the domicile or nationality of the deceased. If a Muslim citizen of Pakistan dies whilst domiciled in foreign country, then the laws of his domicile cannot be applied to his estate in Pakistan. The Muslim Law of inheritance in Pakistan is based on the following:
- There is no concept of a will, and all shares are distributed to legal heirs by intestate succession.
- The shares of the inheritance depend on the closeness of the relationship of the legal heirs to the deceased. blood relations have the closest ties. It is not possible here to provide a simple summary of how these shares are distributed. It depends on how many children, sisters, brothers, mothers, and other relatives the deceased person had, and it changes from case to case.
- In most cases, a man’s share of the inheritance is twice that of women. Any gift given by the woman’s fiancé is her own, and her husband has no legal right to claim it, even after marriage. On marriage, she is entitled to receive a marriage gift called “Mehar” and this is her own property.
- Muslim heirs acquire an absolute interest in specific shares of the estate of their ancestor, even before distribution. The time of distribution is not material. Succession opens at the position prevailing at the moment of death of the ancestor. ‘Vested inheritance’ may occur i.e. if an heir dies before distribution, but was alive at the ancestor’s death, the share of his/her vested inheritance passes on to his/her heirs.
- Property can be donated during the lifetime of a Muslim. A Pakistani Muslim can freely give away any personal property before death. No one, including the legitimate heirs, can challenge this decision after the death of the donor.
Dishonour Cheques
- Where any cheque drawn by a person for the discharge of a liability is returned by the bank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or;
- That it exceeds the amount arranged to be paid from that account by an agreement made with that bank.
Such person cheque shall be deemed to have committed an offence under Section 489-F of Pakistan Penal Code, 1860 and shall be punishable with imprisonment and/or fine.
The Muslim Family Law ordinance 1961
- Such cheque should have been presented to the bank within a period of six months of the date of on which it is drawn or within the period of its validity, whichever is earlier; and
- The payee or holder in due course of such cheque should have made a demand for the payment of the said amount of money by giving a notice, in writing, to the drawer of the cheque within thirty days of the receipt of the information by him from the bank regarding the return of the cheque unpaid.
Civil Liability
We assist our clients in damage compensation claims following road accidents, medical liability cases or other kinds of damages against privates and insurance companies. We make every effort to reach a fair agreement, both out-of-court and in the judicial phase.
In the field of compensation for non-contractual liability we rely on a consolidated network of experts, consultants, and correspondents across the country, as a guarantee of a multidisciplinary and all-inclusive assistance in terms of the damage quantification and its proof.
What is Civil Litigation?
Civil Litigation and Civil Law, covers an extensive range of legal disputes between two or more parties regarding civil matters. Civil law as opposed to Criminal Law is used to resolve non-criminal disputes, including property disagreements, intellectual property rights and breaches of contract.
What we can do for you
We are here to assist clients involved in disputes whether they are public or private, civil or legal disputes. Our civil litigation lawyer(s) team will help with practical advice be it through negotiation or the Civil, County or High Court. Our clients have found that having an experienced Civil Litigation lawyer(s) supporting them can make all the difference in gaining a speedy and positive resolution to disputes. We never forget that our clients are spending their money to correct a wrong or defend themselves from claims.
We represent claimants and defendants and will negotiate on your behalf, issue or respond to proceedings and represent you in the courts if the need arises. We will work closely with you, providing straightforward, legal advice and guide you through every aspect of your Civil Dispute Lawsuit.
We offer bespoke litigation services in a range of areas. Civil Litigation is a varied field. It is a way of resolving disputes or claims. Civil Litigation can cause all sorts of issues for our clients, and we are there to assist and advise as well as support and listen with practical legal advice. We focus on offering outstanding client care and strives to build great relationships with our clients.
We believe close contact with clients is the best way to tailor advice to the particular circumstances of each case. We avoid the levels of bureaucracy associated with some larger law firms by offering a more personal service by making ourselves available via phone or email to discuss your case at short notice and outside of regular business hours.
In all cases our initial advice is completely free and, of course, strictly confidential. We will assess your situation and apply the correct course of action, tailored to suit your needs.
Fix Fee Consultancy
Overseas Pakistani Legal & Allied Services (Oplas.legal) PLUS - MONTHLY OR YEARLY FIX FEE SERVICES
Overseas Pakistani Legal & Allied Services (Oplas.legal) have been recognized by the legal services industry as innovators,helping to change the way that legal services are provided within Pakistan.
Overseas Pakistani Legal & Allied Services (Oplas.legal) Legal is a dedicated service built on forging long-term relationships with clients.It provides expert legal advice at a fraction of the cost compare to traditional lawyers.
Overseas Pakistani Legal & Allied Services (Oplas.legal) PLUS - MONTHLY OR YEARLY FIX FEE SERVICES
We believe that it’s important to be completely transparent about how we price ourservices, therefore the first thing is that our fees are always fixed and agreed with you inadvance.
When you ask us to help you, you invest in our experience to take care of the legal side
of things, enabling you to focus on doing the things you do best.
Overseas Pakistani Legal & Allied Services (Oplas.legal) PLUS - MONTHLY OR YEARLY FIX FEE SERVICES
We believe that it’s important to be completely transparent about how we price our services, therefore the first thing is that our fees are always fixed and agreed with you in advance.
When you ask us to help you, you invest in our experience to take care of the legal side of things, enabling you to focus on doing the things you do best.
Initial Chat
It costs nothing to book an initial chat. These are designed to introduce ourselves, listen to your matter and confirm if it’s something we can help you with. Better still, you can book one online right now.
Enjoy peace of mind with our easy-to-access legal support
Overseas Pakistani Legal & Allied Services (Oplas.legal) Legal Plus – an outsourced legal team for an affordable monthly fee. Our standard subscription on yearly or monthly basis will provide you with the following legal services.
Designed specifically to support the needs of overseas Pakistanis to service their legal services requirement back in the country. joining our
Overseas Pakistani Legal & Allied Services (Oplas.legal) Legal Plus plan will give you fast access to highly experienced solicitors at a fraction of the cost of traditional law firms.
Whether you’re looking to use us as your principal legal advisers, as support to your main solicitors, or to use one of our specialist services, you can rest assured that cost effective, highly experienced and professional legal support is just a phone call away.
MEMBERSHIP PACKAGES
SILVER PACKAGE PROGRAM
Fee: PKRS.10,000 per month or PKRS.100,000 per year
- 3 telephone or video conference consultations per month (up to 30 minutes each).
- Unlimited email and/or text follow up on issues discussed during consultations per month.
- 1 letter, whether written for you to send under your name or sent on our letterhead.
- 1 document attestation from Notary Public/Court
- 1 document retrieval from Court/Government Office (but not land document)
- 20% off legal fees for services outside of the subscription program.
GOLD PACKAGE PROGRAM
Fee: PKRS.15,000 per month or PKRS.150,000 per year
- 5 telephone or video conference consultations per month (up to 30 minutes each).
- Unlimited email and/or text follow up on issues discussed during consultations per month.
- 2 letters, whether written for you to send under your name or sent on our letterhead.
- 2 document attestation from Notary Public/Court
- 2 document retrieval from Court/Government Office (but not land document)
- 25% off legal fees for services outside of the subscription program.
DIAMOND PACKAGE PROGRAM
Fee: PKRS.20,000/month or PKRS.200,000 per year
- 10 telephone or video conference consultations per month (up to 30 minutes each).
- Unlimited email and/or text follow up on issues discussed during consultations per month.
- 5 letters, whether written for you to send under your name or sent on our letterhead.
- 3 document attestation from Notary Public/Court
- 3 document retrieval from Court/Government Office (but not land document)
- 30% off legal fees for services outside of the subscription program.
What you don’t get
Based on above packages which are offering consultancy only, we won’t prepare bespoke legal documents or contracts, manage transactions or get involved in managing disputes or file case in court on your behalf – though we will give you initial advice on all of these matters. We will separately price and deliver those services as per scope of work and needs basis. We call this “Project Work” which falls outside the monthly subscription.
Debt Collection, Executions & Insolvency Procedures
We deal with all problems related to the breach of contracts, consequent debts collections and the eventual participation or promotion of executions and insolvency procedures.
We take care of the debtors tracing, asset, and financial analysis (pre-contractual to assess the counterpart’s reliability, during the contractual execution to verify the solvency), even with the help of specialized external professionals.
We collect debt out-of-court by legal warnings and eventually drafting repayment plans and transactions. We also draft injunction requests in court and requests of payment (precetto).
We then proceed with the most appropriate execution proceedings, such as seizures of goods and seizures from third parties (bank accounts) as well as real estate seizures, taking care of the following relevant procedures (or intervening where already promoted by third parties).
We also assist Clients in the event of insolvency proceedings (bankruptcy, composition with creditors, etc.) that involve their debtor.
We support our clients when the business crisis affects them, by stepping in with our qualified collaborators, of counsel colleagues and other specialized professionals including Govt- FBR. In such cases we support the entrepreneur in the identification and implementation of the most appropriate remedy: nowadays, concrete opportunities for
DEBT COLLECTION / RECOVERY SERVICES IN PAKISTAN
The Business Restructuring and Creditor Rights Practice represents clients in virtually every aspect of complex litigation and transactional matters involving troubled and financially distressed businesses, including the acquisition and sale of assets and claims; the prosecution and defence of preference and fraudulent conveyance claims; the formation and implementation of credit policies and procedures; the structuring of loans and other financing arrangements involving debtor-in-possession financing, letters of credit, leasing and floor-planning; and the negotiation and formulation of out-of-court restructuring arrangements and reorganization plans. As necessary to achieve clients’ objectives, our practice regularly draws on attorneys in the firm’s Labour and Employment, Litigation and Tax Departments, and its Mergers and Acquisitions and Real Property Practices.
Taking legal action to reclaim debt should be a last resort, and often the threat is enough to make your customers pay you. However, if your usual ways of recovering debt have failed, there are things to consider before beginning the legal process. The court generally offers three processes for settling disputes depending on the amount of money involved. The small claims process – part of the civil court system – is an inexpensive and straightforward way of settling disputes over smaller amounts. Claims over Rs. 200,000 should go through either the fast track process (up to Rs. 500,000) or the multi-track process (above Rs. 1,000,000). However, a High Court judge may also refer cases involving larger sums to the small claims process – or you can request this with your debtor’s agreement.
