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Rape is Not Terrorism in Pakistan: A Legal Perspective

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  Rape is Not Terrorism in Pakistan: A Legal Perspective A recent judgment by the Sindh High Court in the case of Faqeer Muhammad v. The State (PLD 2024 Sindh 170) has sparked important discussions about the boundaries of terrorism laws in Pakistan. The ruling clarifies that while rape and murder are heinous crimes, they do not automatically fall under the ambit of terrorism as defined in the Anti-Terrorism Act, 1997 (ATA). The Case at a Glance The case involved the brutal rape and murder of a six-year-old girl. The prosecution argued that the crime instilled fear in society and, therefore, constituted terrorism. Based on this assertion, the case was initially tried in the Anti-Terrorism Court (ATC). However, the accused challenged this jurisdiction, claiming the crime, though grave, did not meet the legal definition of terrorism. The Court’s Rationale The Sindh High Court examined the issue by referring to Section 6 of the ATA and precedent set by the Supreme Court in Ghulam Huss...

Corporate Restructuring in Pakistan: Navigating Legal Challenges Amidst Economic Volatility

Corporate Restructuring in Pakistan: Navigating Legal Challenges Amidst Economic Volatility In today’s challenging economic environment in Pakistan, corporate restructuring has become a crucial tool for businesses striving to survive and grow. With inflation, currency devaluation, and market instability affecting nearly every sector, companies are looking for ways to restructure their operations to stay afloat. However, this process is far from simple. It involves navigating a maze of legal complexities that require both strategic planning and expert legal advice. For anyone involved in corporate law, restructuring offers an opportunity to help businesses rebuild while ensuring compliance with the law. What is Corporate Restructuring? At its core, corporate restructuring is about reorganizing a company's operations, finances, or structure to address issues like inefficiency, financial distress, or market shifts. This can involve mergers, acquisitions, debt restructuring, or even se...

Mergers & Acquisitions Trends in 2024: Navigating the Legal Landscape in Pakistan

Mergers & Acquisitions Trends in 2024: Navigating the Legal Landscape in Pakistan Mergers and acquisitions (M&A) have always been a significant part of corporate law, but in 2024, they’re changing in ways we might not have expected a few years ago. As a fresh law graduate diving into the corporate law field in Pakistan, understanding these changes is essential—not just for clients but for our own professional growth as well. M&As can create opportunities, but they also come with a set of challenges that we, as corporate lawyers, must be ready to tackle. Here's a look at what’s happening in M&A in Pakistan this year and how we can adapt to these trends. 1. ESG is More Important Than Ever If there’s one trend that’s hard to ignore, it’s the growing importance of ESG (Environmental, Social, and Governance) factors in business. ESG isn’t just a buzzword anymore—it’s shaping how companies approach M&As. In Pakistan, this shift has been slow but steady, with companies...
Security Cheques and Criminal Liability: Corporate Insights from Hayat Kimya v. Humair Yusuf In a groundbreaking judgment (2024 CLD 326), the Lahore High Court has delivered a key decision that significantly impacts the way corporate entities in Pakistan handle security cheques. This ruling clarifies the legal boundaries between civil and criminal liability under Section 489-F of the Pakistan Penal Code (PPC), offering essential guidance for businesses frequently engaging in agreements involving security cheques. Case Overview: A Corporate Dispute with Legal Implications In this case, Hayat Kimya Pakistan (Pvt.) Ltd. entered into a distribution agreement with Apex Distribution and Marketing Services (Pvt.) Ltd., where Apex provided security cheques amounting to Rs. 15 million. These cheques were intended to cover potential liabilities arising from the agreement. However, when the cheques were dishonored, Hayat Kimya sought criminal prosecution under Section 489-F, accusing Apex’s direc...

Extradition: Chasing Justice Across Borders – From Pablo Escobar’s Escapes to Pakistan’s Legal Game

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  Extradition: Chasing Justice Across Borders – From Pablo Escobar’s Escapes to Pakistan’s Legal Game   Summary: What do a notorious drug lord, a luxurious prison, and international legal loopholes have in common? The law of extradition . In this post, I explore how criminals like Pablo Escobar managed to escape justice, turning extradition into a high-stakes game of cat and mouse. But what happens when countries—like Pakistan —struggle to bring criminals to justice due to weak extradition laws and political tensions? From Escobar’s daring moves to Pakistan’s modern-day challenges, I break down how extradition works and why it matters more than ever. Intrigued? Let’s dive into the world where crime knows no borders, but neither does justice. What Is Extradition? A Global Game of Tag Extradition is the legal equivalent of a “you can’t hide” card. When someone commits a crime in one country and runs off to another, extradition allows the country they fled to se...

Bitcoin and Cryptocurrencies in Pakistan: Navigating the Legal Landscape

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Bitcoin and Cryptocurrencies in Pakistan: Navigating the Legal Landscape

Adoption Law in Pakistan

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Adoption Law in Pakistan explained in light of Recent Case Law - 2024 YLR 1073 (Writ Petition) There is no specific law regarding the adoption of a child in Pakistan, simply a verbal consent or an adoptions deed is sufficient. Reason being that In Pakistan, adoption is influenced by Islamic teachings, which focus on keeping family lineage intact. This means that the usual Western idea of adoption, where adoptive parents legally replace a child’s biological parents, doesn’t apply here. Instead, Pakistan uses a guardianship approach, where children can be cared for by guardians without changing their family background. This article will be explaining the concept of Adoption, Custody and Guardianship in Pakistan, in light of 2024 YLR 1073 [Lahore (Multan Bench)] where Justice Sadiq Mahmud Khurram very meticulously explained these concepts. Brief facts of the case were that the minor namely Muhammad Ans was put up for adoption and he was adopted by Rasheed Ahmad (respondent No.3) and s...