Best Lawyers | Top Law Firms at Karachi, Pakistan

A. Nawaz Osmani Law Associates is a Best Legal Services provider and leading Law Firm / Lawyers in Karachi, Pakistan with supported Global presence. The founder has long family history of legal practice for the last three generations. The Firm gained prestigious reputation in short span of time providing high quality Legal Services before Trial Courts, Special Courts, Tribunals, Appellate Tribunals, High Courts and Supreme Court of Pakistan.

14 January, 2017

SPECIALIZED LEADING LABOUR / INDUSTRIAL RELATIONS LAWYERS KARACHI PAKISTAN

(Ph: +92 321 2770225) (Email: info@osmanilaw.com) (Web: www.osmanilaw.com)

Our specialized website on Labour Laws www.elbpak.com

INDUSTRIAL RELATIONS AND LABOUR LAWS:

We provide specialized Labour and Industrial Relations & Commercial Laws support, information and Training to commercial organizations in Pakistan including National & Multinational companies. Our services in the field is include as under:-

(1)• INDUSTRIAL RELATIONS LAWS.

(2)• INDUSTRIAL & COMMERCIAL EMPLOYMENT (STANDING ORDERS).

(3)• FACTORIES ACT.

(4)• SHOP & ESTABLISHMENT ORDINANCE.

(5)• SOCIAL SECURITY ORDINANCE.

(6)• OLD AGE BENEFITS ACT.

(7)• WORKMEN’S COMPENSATION.

(8)• COMPANIES PROFITS (WORKERS’ PARTICIPATION).

(9)• WORKERS’ WELFARE FUND.

(10)• PAYMENT OF WAGES.

(11)• LAW OF MATERNITY.

(12)• APPRENTICSHIP.

(13)• WORKERS’ CHILDREN EDUCATION CESS.

We further cover as under:-

(a)• WORKMAN. (b)• CONTRACT LABOUR. (c)• EMPLOYMENT CONTRACT. (d)• PROFIT BONUS. (e)• PAYMENT & BENEFITS OF EOBI & SOCIAL SECURITY. (f)• JURISDICTION OF LABOUR COURT, LABOUR APPELLATE TRIBUNAL, NIRC, HIGH COURT & SUPREME COURT. (g)• CBA & INDUSTRIAL DISPUTE. (h)• LEAVE, HOLIDAYS AND OVERTIME. (i)• CHARGE SHEET, ENQUIRY & PUNISHMENT. (j)• GRATUITY AND PROVIDENT FUND SCHEME. (k)• LABOUR JUDGMENTS DELIVERED BY SUPERIOR COURTS.

1• WAYS TO INDUCT WORKER IN AN ORGANIZATION.

(a). employment. (b). categories of workers. (c) apprenticeship. (d). direct and indirect worker. (e). contractual worker. (f). outsourcing. (g). kinds of organizations. (h). appointment contract. (i). working conditions. (j). working & rest hours. (k). transfers

2• BENEFITS FOR WORKER UNDER VARIOUS LABOUR LAWS.

(a). benefits under Standing Orders. (b). benefits under shops & establishment. (c). social security. (d). old age benefits. (e). companies profits workers participation. (f). workers welfare fund. (g). leave – holidays and overtime. (h). gratuity / provident fund.

3• WORKER ACTIVITIES- REDRESSAL- UNIONIZATION & NEGOTIATION PROCESS.

(a). formation of union and its structure. (b). CBA (c). industrial dispute. (d) charter of demand. (e). negotiations. (f). stages of settlement. (g). NIRC – its jurisdiction & scope. (h). labour courts / appellate tribunal – jurisdiction & scope.

4• DISMISSAL, TERMINATION, RETIREMENT & DEATH OF WORKER.

(a). misconduct. (b). charge sheet. (c). suspension. (d). enquiry proceeding. (e). enquiry officer. (f). self & joint enquiry. (g). importance & result of enquiry. (h). enquiry report & recommendations. (i). guilty of misconduct. (j). punishment. (k). lighter & harder punishment. (l). no guilty. (m). sudden death during working hour. (n). retirement. (o). legal dues.

5• IMPORTANT DECISIONS ON LABOUR LAWS.

(a). case study of important cases. (b). commentary. (c). general discussions on participants problems.

IT CONSIST THE FOLLOWING CATEGORIES:-

Contract of Employment

Termination of the Contract
Working Time and Rest Time
Working hours
Paid Leave
Maternity Leave and Maternity Protection
Other Leave Entitlements
Minimum Age and Protection of Young Workers
Pay Issues
Workers’ Representation in the Enterprise
Trade Union and Employers Association Regulation Freedom of association
Registration of trade unions
Collective Bargaining and Agreements
Collective Labour Disputes
Commencement of a dispute
Arbitration
Strikes and Lock-outs
Proceedings of strikes and lock-outs
Illegal strikes and lock-outs
Settlement of Individual Labour Disputes

We as a law firm, deals cases before Mediations, Arbitrations, Trial Courts, Appellate Tribunals, High Courts and Supreme Court. We also provide complete legal directions and pathways on the subject in accordance with applicable laws. We are also providing complete consultancy to Pakistan and overseas clients. Our lawyers are having exclusive expertise to register a public limited company in Pakistan and providing full support after registration a public limited.

SPECIALIZED LEADING LABOUR / INDUSTRIAL RELATIONS LAWYERS KARACHI PAKISTAN

For more information, please contact,

A. NAWAZ OSMANI LAW ASSOCIATES.
SUITE # 17, 7th FLOOR, OFFICE TOWERS, RIMPA PLAZA,
M. A. JINNAH ROAD, KARACHI. PAKISTAN.
Cell & WhatsApp # +92- 321-2770225, Ph. +92- 21-32762286.
Website: www.osmanilaw.com, Email: info@osmanilaw.com.

CONTRACT LAWYER LAW / LAW FORM KARACHI PAKISTAN.

(Ph: +92 321 2770225) (Email: info@osmanilaw.com) (Web: www.osmanilaw.com)

INTERNATIONAL CONTRACT LAW

An agreement made between two or more parties who promise to perform or to not perform specified acts, which agreement creates for each party a legal duty & the right to seek a remedy for breach of that duty. It falls under the category of civil law (concerning relations between individuals or companies), although the state courts may intervene to settle dispute between conflicting parties. In a dispute over a contract the person who has suffered loss (a plaintiff) may bring a claim for money compensation ‘damages’ or a range of other remedies against the defendant governed by the law of the country who carries out performance of the contract, unless specified in the contract.

Contractual disputes:

In the basic transaction of buying / selling goods, at least one of the contracting firms will find its rights
governed by foreign law, adding to the legal risk in a number of ways.

1. The distance and unfamiliarity of the law and the cultural environment.
2. The danger of what contract law in the foreign jurisdiction stipulates.
3. The possibility of going through the courts in the foreign country.
4. The problems faced of getting a foreign court judgement enforced in the firm’s own country.

Contracts between firms based in different countries may specify a choice of law to govern their contracts, this will also dictate the forum in which disputed will be held.

Alternative dispute resolutions:

• Out of court settlement by the parties.
• Mediation: the introduction of a third party in an attempt to settle differences.
• Arbitration: the submission of a dispute to a named person or organization in accordance with agreement.

EU Regulations:

For members of the EU the Rome Convention provides if the parties have not made a clear choice of law
then the contract will be governed by the law of the country who carries out performance of contract.

Online Trading:

An online trader sells goods to consumers in many countries from one website. The growth of e-commerce has greatly expanded consumer deals across borders, changing the standard business to business transactions. It is therefore crucial for the online trader to be familiar with relevant national law and also face the possibility that he is liable to be sued in all countries where his website is accessed & goods are purchased.

We as a law firm, deals cases before Mediation, Arbitration, Trial Courts, Appellate Tribunals, High Courts and Supreme Court. We also provide complete legal directions and pathways on the subject in accordance with applicable laws. We are also providing complete consultancy to Pakistan and overseas clients. Our lawyers are having exclusive expertise to register a public limited company in Pakistan and providing full support after registration a public limited.

BEST INTERNATIONAL CONTRACT LAWYERS KARACHI PAKISTAN

For more information, please contact,

TRADE MARKS / DOMAIN NAMES / PATENTS / COPYRIGHTS / INDUSTRIAL DESIGNS / INTEGRATED CIRCUITS / GEOGRAPHICAL INDICATIONS / INTELLECTUAL PROPERTY LAWYER IN PAKISTAN & WORLDWIDE.

(Ph: +92 321 2770225) (Email: info@osmanilaw.com) (Web: www.osmanilaw.com)

Trade Marks / Domain Names / Patents / Copyrights / Industrial Designs / Integrated Circuits / Geographical Indications / Intellectual Property Law in Pakistan & Worldwide

Intellectual Property includes as under:-

Trademarks	A trademark is a sign that individualizes the goods of a given enterprise and distinguishes them from the goods of others. It can be in the form of words, designs, letters, numerals or packaging, slogans, devices, symbols, etc.
Patents	A patent is a grant from the Government, which confers on the grantee, for a limited term of 20 years, the following acts, namely (1) When patents has been granted in respect of a product. (2)When the patents has been granted in respect of a process.
Industrial Designs	An industrial design is the ornamental or aesthetic aspect of an article, in other words, that part which makes the article attractive & appealing. It may consist of three-dimensional features, such as the shape or surface of an article or two-dimensional features, such as patterns, lines or colours.
Integrated Circuits	Integrated circuit means a product, in its final form or an intermediate form, in which the elements, at least one of which is an active element, and some or all of the interconnections are integrally formed in and/or on a piece of material and which is intended to perform an electronic function.
Copyrights	Copyright deals with the protection of literary and artistic works. These include writings, music, and works of the fine arts, such as paintings and sculptures, and technology-based works such as computer programs and electronic databases.
Geographical Indications	Geographical Indication in relation to goods, means , an indication which identifies such goods, as originating or manufactured or produced in a territory of a qualifying country or a region or a locality of a qualifying country , where a given quality, reputation or other characteristic of such goods, is essentially attributable to its geographical origin.

TRADEMARK REGISTRATION:

A trade mark is a distinctive sign or indicator used by an individual, business organization and any other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or services from those of other entities. The owner of a registered trademark may bring legal proceedings for trademark infringement to prevent unauthorized use of trademark. Therefore, trademark registration is an important step towards safeguarding Brand name and style in Pakistan and the World at large.

CLASSIFICATION OF TRADEMARKS:

Different goods and services have been classified by the International (Nice) Classification of Goods & Services into 45 Trademark Classes (1 to 34 cover goods & 35 to 45 services) also known as the Geneva classification. Pakistan follows this system of Trademark Classification as it is also a signatory to this Trademark related Geneva Accord. The idea of this system is to specify & limit the extension of the intellectual property right by determining which goods or services are covered by the mark, & to unify classification systems around the world. Registration of Trademark in any member state of Geneva convention also gives priority registration rights to the trademark applicant.

TRADEMARK REGISTRY AND PROTECTION:

The Trade Marks Registry, working under the administrative control of Intellectual Property Organization of Pakistan. The main function of the Registry is to registration & protection of trademarks relating to both goods & services under the Trade Marks Ordinance 2001 and Trade Mark Rules 2004. The Registrar of Trade Marks hears and decides the cases relating to registration, post registration, opposition and rectification matters.

TRADEMARK REGISTRATION PROCESS:

Filing of Trademark search Application.
Filing of Trademark Application.
Preliminary Examination by Registrar.
Hearing of the applicant/lawyer against objections of Registrar.
Final order for Publication in Trademark Journal of Pakistan.
Printing in Trademarks Journal of Pakistan.
Opposition Procedure. Hearings of Opposition and Decision.
Issuance of Registration Certificate by Registrar of Trademarks.
Renewal of the Trademark Registration.

REMEDIES OF MARK INFRINGEMENT:

Civil and criminal remedies are available in case of infringement of trademark rights. Infringement of a registered trademark shall be actionable by the proprietor of the trade mark by way of damages, injunctions, accounts or otherwise. If your mark is not registered you cannot file an action for infringement. An unregistered mark will have only a right of passing off. To exercise the right of passing off you have to establish with evidence that your mark is being used and which has a reputation and goodwill.

We as a law firm, deals cases before Mediation, Arbitration, Trial Courts, Appellate Tribunals, High Courts & Supreme Court. We also provide complete legal directions and pathways on the subject in accordance with applicable laws. We are also providing complete consultancy to Pakistan and overseas clients. Our lawyers are having exclusive expertise to register a public limited company in Pakistan and providing full support after registration a public limited.

BEST TRADE MARK / DOMAIN NAME / PATENTS / COPYRIGHTS / LAWYERS KARACHI PAKISTAN

For more information, please contact,

INHERITANCE / DISTRIBUTION OF PROPERTY LAWYER / LAW FIRM KARACHI PAKISTAN.

(Ph: +92 321 2770225) (Email: info@osmanilaw.com) (Web: www.osmanilaw.com)

INHERITANCE / DISTRIBUTION OF FAMILY PROPERTY LAWS:

Law of inheritance in Pakistan is different for Muslims, Hindus, and Christians etc., keeping in view their respective religious background. In case of legal heirs of a Muslim deceased person, all shares of the estate or property are distributed according to Islamic laws. There is no concept of will, one cannot transfer or bequeath whole of property to any one legal heir through Will but consent of the other legal heirs are required. The share of every legal heir will depend upon the closeness of his/her relationship with the deceased. There is no universal formula to adopt but every case is different from other case. Share of property to respective legal heir depends upon the fact that how many children, wives, sisters, brothers and other relatives deceased had.

Inheritance law governs the rights of a decedent’s survivors to inherit property. This statutory right of a surviving spouse hinges on whether a state follows the community property or common law approach to spousal inheritance. Children and sometimes grandchildren, also have a right to claim an inheritance when a parent or grandparent dies. Community property is generally property acquired by either spouse during the marriage. This includes income received from work, property bought during the marriage with income from employment, and separate property that a spouse gives to the community. A spouse retains a separate interest in property acquired through the following methods:

Inheritance or a gift.
Acquisition of the property prior to the marriage.
An agreement between the spouses to keep the property separate from the marriage community.

Succession Certificate:

When a person dies, Succession Certificate is required to be taken from the Court of Law in order to transfer the assets / property of the deceased person among his legal heirs. All the procedure for Succession Certificate has to be followed in accordance with the Succession Act 1925.

How to obtain Succession Certificate:

Legally, the application for obtaining Succession Certificate can be filed by the legal heirs of the deceased person in the competent Court in two ways:

Firstly, one legal heir can file petition with the consent of all the other legal heirs. During proceedings, all the legal heirs record their statements rendering No Objection for the issuance of succession certificate in favor of the Petitioner i.e. the legal heir who filed this petition. In such circumstances, Court would grant the Succession Certificate to one legal heir who would make himself responsible to distribute the property among other heirs after wards.

By the second way to obtain succession certificate, all legal heirs collectively apply for Succession Certificate and upon satisfaction, Court issue Certificate to all of them according to their respective shares.

The Succession Certificate could be obtained by the widow of the deceased by filing petition in the competent court. In case if the legal heirs of the deceased include minor children, his widow would be entitled to obtain the Succession Certificate on behalf of the minor children as their natural guardian. The Law stipulates that no one should be deprived of his / her legal rights. Keeping in view the same principle, when any application for granting Succession Certificate filed before the Court, first of all Court issues orders to publish the case in newspapers to see if there are any other claimant of the deceased property. If no other claimant appears before the Court after such publication, then the Court grants the Succession Certificate to the Petitioner applied. In case, someone appears before Court and claim to be one of the legal heirs of deceased, then the Court would have to decide the matter after going through the evidence regarding the claim.

Inheritance of Property During the Lifetime:

A Muslim has an absolute right over his property during his lifetime and he can donate the same if he desires to do so before his death. After the death of such donor, no one has a right to claim the same, even his legitimate heirs, cannot challenge his decision. When a Muslim citizen dies, the issues of Inheritance are to be adjudicated by those where the deceased is lastly domiciled. If this issue is challenging, or unknown, then such adjudication depends upon the location of the property. If a deceased foreigner is a non-Muslim, and the National Laws of his country permits the applicability of Inheritance Laws of that country where he is domiciled, or of that country where the deceased’s property is located, in that case the laws of that foreign country will be applicable in Pakistan.

We as law firm, deals cases in Trial Courts, High Courts and Supreme Court. We also provide complete legal directions and pathways on the subject in accordance with applicable laws. We are also providing complete consultancy to Pakistan and overseas clients. Our lawyers are having exclusive expertise to register a public limited company in Pakistan and providing full support after registration a public limited.

BEST INHERITANCE LAW FIRM / LAWYERS KARACHI PAKISTAN

For more information, please contact,