GEOGRAPHICAL INDICATION

ABSTRACT PREAMBLE:

Good financial strategy is always needed to cope with the growing market. Our law makers have taken a successful initiative by introducing Geographical Indication bill 2016 proposed on 18^th October 2016 which yet not become the law but certainly plays an eminent role in near future,

GEOGRAPHICAL INDICATION:

According to WIPO:

A geographical indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. In order to function as a GI, a sign must identify a product as originating in a given place. In addition, the qualities, characteristics or reputation of the product should be essentially due to the place of origin. Since the qualities depend on the geographical place of production, there is a clear link between the product and its original place of production.

As per according to Geographical Indication bill, 2016 of Pakistan which is still at proposal stage:

“Geographical Indication” means an Indication which identifies a product of particular Geographical origin, quality, reputation or other characteristics of which is attributable to its Geographical origin; and at least one of the activities of production, processing or preparation of which takes within the defined Geographical area;

Explanation:

Geographical Indication specifies the origin, place, country of a good or product from where it belongs too and what peculiar properties and reputation it carries from that area.  For instance registered geographical indication can support financially the main producer globally from the clutches of big enterprises from engulfing their proprietary rights and using their goods or product as their own by attaching their logo with it.

Importance of this law:

“Absence of the Geographical Indication Protection Law has already caused losses of millions of rupees to Pakistan’s economy as the country has not been able to fetch good prices for its products in the world market,” said Federation of Pakistan Chambers of Commerce and Industry (FPCCI) Senior Vice President Shaikh Khalid Tawab in a statement.

Saying that Pakistan had been blessed with diverse geography, climate, soil, culture and traditions, he stressed that many of Pakistan’s products related to the agriculture and manufacturing sectors qualified for protection under geographical indication.

Sindhri mangoes, green cardamom, Khairpur Aseel dates, Hunza apricots, Hala handicrafts, Khanpur oranges, Chiniot furniture and Sindhi Ajrak and cap are some of the unique products that can be protected under the law.

This will promote economic development, particularly the development of rural areas, and help enhance export earnings.

https://tribune.com.pk/story/1182914/geographical-indication-govt-urged-implement-product-protection-law/

Geographical Indication and Rising Issues:

1) Basmati rice case is the pronounced example to justify the above scenario that how much our markets and exporters are suffering due to this,

Pakistani basmati growers have been strenuously fighting at an Indian court in order to protect their geographical indication against infringements in aromatic rice since 2004.  GI tag protects the legal rights of agricultural, manufactured and natural goods in a specific geographical territory, according to the World Trade Organization. That means the rice produced in areas other than the specified cannot be called Basmati. https://www.thenews.com.pk/print/183047-Commerce-minister-says-geographical-indication-bill-to-be-passed-soon

BASMATI is a common heritage of Pakistan and India and both take pride in owning this precious rice which has certain unique characteristics owing to the agro-climatic conditions prevailing in the specific regions of Pakistan and India where it is grown. To put it in a nutshell, BASMATI is a treasured geographical indication of Pakistan and India, giving collective rights to such legitimate users and therefore, cannot be registered and appropriated as a trade mark which is a private monopoly right.

Pakistan does not have Geographical Indication tagging to back its claim and thus the price per unit charged by exporters would be adversely affected and our exports are demeaning with such policies.

2) As the latest issue raised related to Himalayan Salt (Pink Salt) which can only be found in Pakistan at Khewra salt mine and quite beneficial in many ways is been selling too India and Israel for cheap prices and they are marketing it globally and earning a lot of chunk so basically Geographical Indication laws restrained such malpractices.

However, there is an exception to the general law that a protected GI does not enable the holder to prevent someone from making a product using the same techniques as those set out in the standards for that indication, protection for geographical indication is usually obtained by acquiring right over the sign that constitutes the indication.

PRODUCTS WHICH CANNOT BE REGISTERED UNDER THE GEOGRAPHICAL INDICATION BILL, 2016:

As per section # 5 of the Geographical Indication bill, 2016 following are the products or goods which shall not be registered herein:

1. a) Which does not fall under the definition of Geographical indication as explained earlier,
2. b) Where due to the dispute of name of a plant variety or animal breed, there is likely a chance to mislead the consumer,
3. c) If it’s contrary to any current law, public order or morality,
4. d) If it has already become a generic term or any good’s indication,
5. e) If it’s not or has ceased to be protected in its country of origin, or which has fallen into disuse in that country; and
6. f) which, although literally true as to the territory, region or locality in which the goods originate, falsely represents to the public that the goods originate in another territory, region or locality, as the case may be.

Rights guaranteed after the protection under Geographical Indication laws:

There are several ways of protecting the Geographical Indication:

1) Sui generis system,

2) Through any international treaty, convention, agreement such as TRIPS under WTO, Paris Convention, Madrid agreement for the repression and of false or deceptive indications of source on goods, Lisbon agreement, Madrid agreement, Protocol relating to the Madrid agreement,

3) Using Collective or certification marks &

4) Through any local system as methods focus on business Practices as per customs and conventions, likewise as introduced by Punjab Government a project named as, “Registration Of Geographical Indication” for the benefit of stakeholders and other related interested people thereto.

Registration herein leads to improvement of market opportunity and the use of registered Geographical Indication included applying it on products, packages, advertising material and any other document related to registered geographical products.

Right to initiate legal proceedings against infringers and counterfeiters, and obtain relief as provided in this Bill and exclusive right and an exclusive right to the authorized users to use the Geographical Indication in relation to products for which it is registered, subject to compliance with the product specification. These rights are not transferable.

As per section 25 rights has been laid down and section 26 of the Geographical Indication Bill, 2016 enunciated protection against any:

1. Direct or indirect commercial misuse of a registered Geographical Indication in respect of identical or comparable goods to those of the registered Geographical Indication where the misuse benefited or would benefit from the reputation of the Geographical Indication;
2. unauthorized use, imitation, translation of the Geographical Indication even if the true origin of the goods is accompanied by the expression such as “style”, “type”, “method, “manner”, “imitation”, or translations of such expressions, or of similar expressions likely to mislead the public;
3. Any usage in respect of dissimilar products which exploits the reputation of registered Geographical Indication;
4. false or misleading Indication as to origin, nature, or specific quality of the goods appearing on packaging, or in advertising materials or on other documents concerning the goods that are likely to mislead its origin; and e. Any other practice liable to mislead the consumer as to the origin of the product.

Who holds the right to apply for registration?

As per section 6 of the Geographical Indication Bill, these people have the right to file the said application:

1. An association of producers of a product;
2. Public Institution related to the product or Geographical region, representing the interest of producers

Interaction between Geographical Indication and Trade mark Laws:

Currently geographical indications are being protected under the collective marks system of trademark ordinance, 2001.

Scope and Duration of protection

The registration as authorized user shall be for a period of 10 years and renewable after every 10 years with prescribed terms and conditions, as per section 18 (2) and 27 of the said bill.

LEGAL ANALYSIS

Geographical indication aids a country to show its diversity, culture, tradition at global level and protect the state’s agricultural, manufacture and production from giant capitalist enterprises who are ready to clutch and manipulate the small businesses by securing their origin birth place. Pakistan is still facing administrative and legislative hindrances and turmoil which affects the implementation of such great policies although people from business sector on their own are striving hard for an implementation of this law which can boast the fortune of many.

Nil Returns

Q) State the procedure of filing of nil income tax return of company for nil payment in Pakistan ?

Ans) Full return has to be filled and filed. Firstly calculate profit and loss. If return show nil payment then submit. If any payment appears therein prepare PSID AND make payment in NBP ad mentioned in the list enclosed therewith. Wealth statement is also mandatory.

Tamasha_Pakistani(Best.Band)

This passion and energy will be missed badly in finals of Pepsi Battle of the bands season 3 episode 7.

After watching Pepsi battle of the band season 3 episode 6, a moment of silence for all TAMSHIte fans.  The band, I loved the most, complete package and stage captivators whose concerts tickets will be sold for sure . Heart saddening moment that they wouldn’t be there to entertain us with their smashing power packed performance in finals.

They were literally the reason for me to watch #pepsibattleofthebands. Now the charisma of the show faded for me. They were the real competitors to fight from. Previously in last two performances they were not up to that mark and didn’t show their best out of the best because the potential like theirs, expectations automatically reached to that level that ‘sky is just the beginning’ for them. #backtoback standing ovation from judges may be made them to high with over confidence, as they’re my favorite band so no bashing on them and God knows what occurred at that time.

Still no one would ever get a chance to have Fawad Khan’s standing ovation like this, only @Tamsha_The band deserved this and they got that ! #excelled#mature#bestbandever.

They just need to upgrade their magic and  lighten up their sparkly golden glittery originality coz their level is already unreachable but without being over confident.

#hatsoff#alwaysslay#cozyou’rethebest#rockonthefuture.

People like you are once in a million, your voice and talent is epic, remarkable. In short,  you guys are gifted. No wonders what could you achieve with the artistry like this.

Blast with your rareness, you guys lived in many hearts so please never stop. Many awaits for your next Tamsha and this time, definitely you’ll be earning from your efforts, so let my ⌚ set. Wishing to see more from your side guys !

#prayersgiven#giveyourbestshot#countdownbegins 🎵🎶🎤🔔🎷🎸🎹🎺🎻🎧📯

 

SALE DEED

INTRODUCTION

Sale is one of the mode of transfer of property. If we would sell movable items so we need to look into the sales of good act 1930 but right now our topic is sale of immovable property which is been defined in section#54 “SALE” is a transfer of ownership in exchange for a price paid or promised or part-paid, part-promised.

Consideration in sale is always been in form of money. It’s the duty of buyer to made sale deed unless parties agrees to something else. Also buyer while buying the property should took prudent steps as in regards with the investigation of title and latent defects of the property and after the agreement of sale had been signed so publicized the notice in any leading newspaper.

 

For making of sale deed few things need to be remembered;

1. Best possible Details of the parties
2. History of the title of the vendor. For instance, taken through inheritance or allotted by Govt or through any gift deed etc.
3. Recital
4. Details of the land
5. Mentioning the fact that whether it is for residential, commercial, flats or industrial purpose etc.
6. Consideration
7. Specification of agreement to sell with any advance money, if, there is.
8. Terms and conditions of the sale deed which varies from different modes of transaction of sale

These terms and conditions shows particular standard format to be followed upon unless parties agrees contrary to it:

1. What would be the receiving manner of property and delivery of consideration
2. If any advance is forfeited or setoff is been there so it need to be mentioned
3. Sellers responsibility in clearing with all the dues, encumbrances, mortgage amount, debts etc
4. Purchaser duty of execution of deed
5. Registration deed with the prescribed cost fees, stamp duty, levies etc
6. If lease need to be renewed so it should be mentioned therein
7. Transfer to title from vendor to vendee with interests therein, e.g, rent benefits and other related matters to it
8. Land and property detail

 

After the terms and conditions, witness and signature of both parties with the sign of their respective advocate need to be mentioned. Then there must be annexure with the sale deed, which contains:

1. Affidavits
2. Receipts
3. Pay orders etc, if any
4. Agreement to sell copy

 

 

SALE DEED

 

 

THIS DEED OF SALE made and executed at _____________on this ________day of _______________ month, ______________ years by: AB.__________________ aged about _______ years, S/o ._______________residing—, holding CNIC No ——- at ___________________________________hereinafter called the SELLER. IN   FAVOUR   OF  CD.__________________ aged about _______ years, S/o ._______________residing at __________________ holding CNIC No _________________hereinafter called the PURCHASER.  The term SELLER and PURCHASER, unless repugnant to the context, shall mean and include their respective heirs, successors, executors, administrators, trustees, legal representatives and assigns

 

WITNESSTH:

 

WHEREAS the SELLER herein is the sole and absolute owner of immovable property being  Flat / Apartment No.______ on the _______Floor of the building known as “________________”situated at _________________and bearing Corporation No.________, _________________Road, Division No._____, with a super  built-up area of _____ sq.ft. together with _____% share of undivided interest in the land equivalent to _______ sq.ft. along with common areas and facilities including car parking lot in the basement, which Flat / Apartment is more fully described in the schedule hereunder and hereinafter called the Schedule.

WHEREAS the SELLER of the Flat / Apartment, he having purchased the same from Sri.______________ in terms of Sale Deed dated _________duly registered as Document No._________ Book – I, Volume ________at Pages ________on date ________at the Office of the Sub-Registrar, _____________since then the SELLER has been in possession and enjoyment of the Schedule Flat / Apartment on getting the bifurcated khata from the Corporation of the City of ______________duly transferred in his name bearing No.________ vide Khata No._______________ dated ____________and on payment of taxes and levies thereon as sole and absolute owner thereof.

WHEREAS the SELLER herein being desirous of selling the Schedule Flat / Apartment, offered the same to the Purchaser and the Purchaser has agreed to purchase the Schedule Flat / Apartment in terms of an oral agreement for a total sale consideration of Rs.___________ (Rupees _________________only) and the PURCHASER herein has also agreed to purchase the same for the said price and to the effect they entered into an agreement to sell dated               .

 

NOW THIS DEED OF SALE WITNESSETH

 

THAT in pursuance of the aforesaid agreement and in consideration of a sum of                 Rs.                    (Rupees                                   only) received by the VENDOR in cash and the receipt of the said entire consideration of Rs.                    (Rupees                                           only), the VENDOR doth hereby admit, acknowledge, acquit, release and discharge the VENDOR from making further payment thereof and the VENDOR doth hereby sell, convey, transfer, and assigns unto and to the use of the PURCHASER, the property more fully described in the Schedule  hereunder together with the water ways, easements, advantages and appurtenances, and all estate, rights, title and interest of the VENDOR to and upon the said property TO HAVE AND TO HOLD the said property hereby conveyed unto the PURCHASER absolutely and forever.

 

THE VENDOR DOTH HEREBY COVENANT WITH THE PURCHASER AS FOLLOWS:

 

1. That the property more fully described in the Schedule hereunder shall be quietly and peacefully entered into and held and enjoyed by the PURCHASER without any interference, interruption, or disturbance from the VENDOR or any person claiming through or under him.

 

2. That the VENDOR has absolute right, title and full power to sell, convey and transfer unto the PURCHASER by way of absolute sale and that the VENDOR has not done anything or knowingly suffered anything whereby his right and power to sell and convey to the PURCHASER the property hereby conveyed.

 

3. That the property is not subjected to any encumbrances, mortgages, charges, lien, attachments, claim, demand, acquisition proceedings by Government or any kind whatsoever and should thereby and the VENDOR shall discharge the same from and out of his own funds and keep the PURCHASER indemnified.

 

4. That the VENDOR hereby declares with the PURCHASER that the VENDOR has paid all the taxes, rates and other outgoings due to Local bodies, revenue, urban and other authorities in respect of the property more fully described in the Schedule hereunder up to the date of execution of this sale deed and the PURCHASER shall bear and pay the same hereafter. If any arrears are found due to the earlier period, the same shall be discharged by the VENDOR

 

5. That the VENDOR has handed over the vacant possession of the property more fully described in the Schedule hereunder to the PURCHASER on and delivered the connected original   title document in respect of the schedule mentioned property hereby conveyed on the date of execution of these presents.

 

6. That the VENDOR will at all times and at the cost of the PURCHASER execute, register or cause to be done, all such acts and deeds for perfecting the title to the PURCHASER in the property hereby sold and conveyed herein.

 

7. That the VENDOR do hereby covenants and assures that the PURCHASER is entitled to have mutation of his name in all public records, local body and also obtain patta in the name of the PURCHASER and undertakes to execute any deed in this respect.

SCHEDULE  OF PROPERTY

 

The Market Value of the Property  is Rs.

 

In witness where of the VENDOR and the  PURCHASER have set their signatures on the day month and year first above written.

 

Witnesses:

                                                                                                          VENDOR

1)

 

2)                                                                                                          PURCHASER

DISSOLUTION OF PARTNERSHIP DEED

INTRODUCTION

According to section 4 of Partnership Act 1932: “partnership is the relationship between persons who have agreed to share the profits of a business carried on by all or any of them acting for all”

Persons who have entered into partnership with one another are called individually “partners” and collectively “a firm”, and the same under which their business is carried on is called the “firm name”.

Section 239 of the Contract Act, 1872 defines partnership as follows: “partnership is the relation which subsists between persons who have agreed to combine their property, labor or skill in some business, and to share the profits thereof between them.

According to Black’s law dictionary, “Dissolution” means: “To terminate; abrogate; cancel; annul; disintegrate. To release or run loose the binding force of anything”.

According to Black’s law dictionary, “Deed” means:  Is an instrument in writing, upon paper or parchment, between parties able to contract, subscribed, sealed, and delivered. Or A sealed instrument, containing a contract or covenant, delivered by the party to be bound thereby, and accepted by the party to whom the contract or covenant runs.A writing containing a contract sealed and delivered to the party thereto

When two or more than two partners simultaneously agrees to do business and formulate a lawful agreement with consensus ad idem, so the putting of this agreement into a sealed black and white document is to be known as partnership deed. Where each party’s rights and liabilities is been accrued in written form.

Dissolution of partnership means when any one or more than one partner fails or unable or debilitated to perform his/her duties in the course of transaction of business. For instance, cases are given below.

• Incoming and outgoing of a partner
• Retirement
• Expulsion
• Insolvency
• Dissolution y agreement
• Accomplishment of single venture

Etc..

Before coming to the format of dissolution of partnership deed, few things need to be discussed that individuals who’re doing the business in specified partnership if mutually agreed to make an end to that partnership so they could do so. For that these issues need to be mentioned therein.

1. Date of ceasing and how they would wound up their business
2. Liabilities of partners after dissolution until the wound up
3. Assessment of assets, returning of documents and ending of contractual obligations also the interests related therein
4. Discharge of partner/s duties & obligations
5. Managing final set of accounts from the funds of that partnership
6. Keeping and retention of the records
7. Issuance of notice of dissolution and its publication through advertisement or modes or manner could be adapted to but the jest behind is that general public would knew about the dissolution of partnership.

Above mentioned things need to be specified in deed very cogently so no ambiguity would arose later on and all the dealings among partners would proceed in fair manner.

 

Dissolution of partnership deed

There are three formats based on three situations which is been laid down here as it is from the given link which would show how to draft a dissolution of partnership deed in various cases.

 

Standard Format

•  file:///C:/Users/F.K%20Computers/Downloads/Documents/Dissolution%20Deed.pdf

THIS DEED OF Dissolution made at _________ this ___________(date) between 1. __________________________ (name & address of client) And 2. ___________________________ (name & address of client) And 3. ___________________________ (name & address of client) WHEREAS (1) The partners hereto were carrying on the ________________ (nature of firm) in partnership under the terms a partnership deed executed on dated ________ under the name and style of _______________ (name of the firm) with its registered office at _______________ (address of the firm). (2) On account of personal reasons, the partners by mutual consent have decided to dissolve the partnership on terms & conditions hereinafter appearing. NOW THIS DEED WITNESSTH AS FOLLOWS (1) That the accounts of the assets and liabilities of the said partnership have been assessed and a final Balance Sheet of the same ahs been prepared and all the partners have been seen the said accounts & are satisfied about its correctness. (2) The parties hereto hereby dissolve the partnership subsisting between them under the Deed of Partnership dated on ___________ with effect from dated _______ . (3) After the dissolution, the partners shall not carry out any professional activities in the name of the firm except to realise all the assets and discharge all outside liabilities on dated, except the capital A/c of the partners in the firm. (4) The partners debit/Credit amount in capital account shall be mutually adjusted in future by each partner. IN WITNESS WHERE OF the parties have hereunto set their hands the day and year first above written.

WITNESS: 1. 2. 3.

 

• http://www.divorcelawyerindia.com/LEGAL%20DRAFTS/PARTNERSHIP/DEED-OF-DISSOLUTION-OF-PARTNERSHIP-BETWEEN-TWO-PARTNERS,-ONE-PURCHASING-THE-SHARE-OF-THE-OTHER.html

DEED OF DISSOLUTION OF PARTNERSHIP BETWEEN TWO PARTNERS, ONE PURCHASING THE SHARE OF THE OTHER 

 

THIS DEED is executed on this _____ day of __________ between:

Sh.______ s/o, Sh. __________, r/o of ___________,

(hereinafter referred to as “the retiring Partner”) of the one part

AND

Sh._________ s/o, Sh. __________, r/o of ___________, hereinafter referred to as “the continuing partner”) of the other part

The retiring partner and the continuing partner hereinafter collectively referred to as the “Parties”.

WHEREAS

1. The Parties hereto were carrying on the business of ________ in partnership together under the firm name M/s ________ vide terms of a deed of partnership dated _________ (hereinafter called “the partnership business”)

2. The parties hereto have decided that the partnership business shall be dissolved by mutual consent as from the date hereof and the continuing partner shall henceforth carry on the said business alone.

NOW THIS DEED WITNESSETH AS UNDER:

1. Assignment of Rights by Retiring Partner

In consideration of a sum of Rs. _______ paid by the continuing partner to the retiring partner (the receipt of which the retiring partner hereby acknowledges) and of the sum of the Rs.__ _____ hereinafter agreed to be paid by the continuing partner to the retiring partner, the retiring partner hereby assigns to the continuing partner all his share and interest in the said partnership business and in goodwill, property, assets and book debts thereof and To Hold the same to the continuing partner absolutely.

2. Continuing Partner to Discharge Future Debts and Liabilities

The continuing partner hereby covenants with the retiring partner that he shall pay, discharge and fulfil all debts, liabilities and obligations of the partnership business and at all times keep indemnified the retiring partner and his legal representatives against all such debts, liabilities and obligations and from all proceedings, costs, claims and expenses in respect thereof.

3. Release by Partners to Each Other

Each of the parties hereto hereby releases the other from all proceedings, accounts, costs, claims and demands in respect of the partnership business but without prejudice to any rights or remedies under the provisions of this deed.

4. Retiring Partner’s covenant not to engage in similar activity

The retiring partner hereby covenants with the continuing partner that he shall not during a period of ____ years from the date hereof carry on or engage or be concerned or in any way interest himself directly or indirectly in the business of _________

IN WITNESS WHERE OF, the parties have set their hands this _______ day of ________ .

The Retiring Partner

The Continuing Partner

WITNESSES:

1.

2. 

 

 

 

• http://www.advocatekhoj.com/library/agreements/partnership/7.php

 Deed of Dissolution Where the Business is Continued by Some Partners

This Deed of Dissolution made at ………………………. this ………….. day of ……………………. 19……… between a, son of …………………………….. resident of …………………………. and B, son of …………………… resident of ……………………… (hereinafter collectively called as “Continuing Partners”) of the ONE PART and C, son of ……………………. resident of …………………….. (hereinafter called as “Retiring Partner”) of the OTHER PART

Whereas The parties hereto were carrying on the business of carrying on …………….. under the name and style of M/s. ……………………. at ……………………… under the terms of a Deed of Partnership dated ……………………… made between them.

And Whereas the retiring partner has indicated his desire to retire from the partnership.

And Where as the partners have agreed to dissolve the said partnership in the manner hereinafter appearing.

NOW THIS DEED WITNESSETH AS FOLLOWS:

1. That the retiring partner shall retire from the partnership from the date of these presents, but the partnership between the continuing partners will continue on the terms of the said Deed of Partnership as modified by this deed.
2. That the accounts of the assets and liabilities of the said partnership have been taken and a Balance Sheet of the same has been prepared and signed by the partners showing the net value of assets of the firm at Rs. ………………. after deducting the debts and liabilities thereof and the value of the share of retiring partner has been computed at Rs. ……………. and the continuing partners have paid the said sum of Rs. ……………. to the retiring partner vide D.D. No. …………… dated ……………… drawn on ………………. Bank …………………. ……………… Branch, …………………… (the receipt whereof the retiring partner hereby acknowledges).
3. That in consideration of the said Rs. ……………… paid by the continuing partners to the retiring partner, the retiring partner hereby assigns to the continuing partners all the share and interest of the retiring partner and in the goodwill, book debts, credits and all property, cash in hand and at the bank and chattels of or belonging to the partners hereto in connection with the partnership TO HOLD unto the continuing partners in equal shares absolutely.
4. The continuing partners hereby jointly and severally covenant, with the retiring partner to pay, discharge and fulfil all debts, liabilities and obligations of the partnership and at all times to indemnify and keep indemnified the retiring partner and his legal representatives, estate and effects and from all proceedings, costs, claims and expenses in respect thereof.
5. The retiring partner hereby covenant to execute such deeds or other documents as may be required for releasing his share and interest in the partnership and leasehold premises to the continuing partners.
6. The retiring partner hereby irrevocably appoints the continuing partners his attornies, in his name, solely or jointly with the continuing partners to collect all assets, and property of the partnership and to demand, sue, recover and receive and to sign and give full and effectual receipts and discharges for all the debts, estate and effects of or due or owing or in anywise belonging to the partnership and to settle all accounts and matters relating thereto and to compound, compromise or release all or any of the debts or claims belonging to the partnership and to institute suits, actions or other proceedings for compelling payments, discharge or delivery thereof and to appoint a substitute or substitutes for any of the purposes aforesaid from time to time and at any time to remove any substitute and generally to do all such acts or things as may be necessary or expedient for the vesting of rights and assets in the continuing partners hereby assigned.
7. The retiring partner shall not carry on or be concerned or interested in the business of …………………. within the city of ……………… either, directly or indirectly, alone or jointly with or as director, manager, agent or employee of any other company, firm corporation or person.
8. The capital of the partnership shall belong to the continuing partners in equal shares and the profits and losses of the partnership (including profits and losses of capital nature) shall belong to and shall be borne by the continuing partners in equal proportion.
9. The continuing partners will give due notice of retirement of retiring partner through the gazette, newspapers and by circulars to all persons, firms and bodies with whom the partnership has had dealings. The continuing partners shall also file necessary forms with the Registrar of Firms …………… and Assessing Officer ………………. regarding the retirement of retiring partner and change in the constitution of the said firm.
10. The said Deed of Partnership as modified by this deed shall remain in full force and effect as between the continuing partners.

IN WITNESS WHEREOF the parties have hereunto set their hands the day and year first above written.

Signed and delivered by the within named A

Signed and delivered by the within named B

Signed and delivered by the within named C

WITNESSES;

1.

2.

 

If we focused on the above drafts so all contained few similarities which are:

• Date on the making of deed
• Details of the parties
• Mode and type of their partnership or business venture
• Mode of their dissolution
• Execution of their partnership deed
• Consideration if the case of transfer of shares
• Conditions within covenants
• Witnesses
• Affidavits, receipts , notices etc.

 

“Peace” Which lasts forever!

As I was talking to my best friend Zoha lately and what I heard from her side is quite epic and interesting. Let’s give it a read!

She wants to go on a journey, somewhere far away from here, where she could be free from the shackles of judgmental society, so there she could breathed openly, lived honestly, laughed candidly and enjoy each and every moments and seconds of her life. We all wanted this at some stage in our lives to return to the nature and get absorbed in its beauty where no one would recognized us nor to poke us neither even mocks us. She wanted to be unknown from known and started to begin as a new image in society, whom she really is!

#Realitychecks that could only be occurred on vacations and movies.

Now assume for a moment! What if when she became known to that unknown place and there later on realized that she still wanted to change herself and need more liberty to do whatever she can. So! Then what?

These all are the tricks of mind to play with our temporary emotions by making us believe in the perceptions which we couldn’t perceive.

Life and us are constantly evolving so our thoughts and values. As we met different people, explore new cultures, read any social media posts and books, which can impact to shift our perspective to see dilemmas of life and made our views more dogmatic. We’re in constant ambiguous state and that’s completely okay too.

But her reasoning to go on a travel campaign was quite disappointing because she wanted to escape her boring exams, which would most probably gonna be held very soon with no excitement at all plus no learning experiences could be found from that theory unless you would go in practice and experience it yourself.

Sometimes all we need is “escape”. Escape from our surrounding because we are filled with so much tantrum of despair, boredom, messes and drama that we just wanted to leave everything behind and desperately urged a new journey with the positive vibes. However we often forgotten this simple phenomenon that nothing lasts forever and at the end from what we are running from and chasing to, the circle will shift. Then what? We wished to come back to our homes in our mom tight hugs, dad’s scorn and siblings fight, friend’s sarcasm because they know us and we know them so this acquaintance made us to live happily ever after.

We all are bunch of desires, and these yearnings sometime appeared suddenly or regularly from our bottled up emotions, which we neglect to listen on daily basis because we never reached to our deep conscious.

At the end what is more important? Only “Peace” and “Contentment” are the things, what really matters. But what we are seeking outside is already within us, we just couldn’t figure it out.

Nothing lasts forever in this temporary world so we need to cope up with our petty sentiments in order to be more aware and intuitive. Sane decision would be why we couldn’t change our society and us in becoming that person and place which we wanted to heads to, leave for and met to. Why we couldn’t made this place a heaven not only for us but for others to. So the comfort zone which we are in should be turned into the soothing calming place, where we always wanted to be.

I am a firm believer of this thought that intention and values played significant role in our lives, if we earnestly believe in our passions and we hold upright and moral values with good intent to pursue them, we could pace with any hard time and get along with what we want.

Learning from Animals

I got a pair of cat, male one to be known as Sam and female one is Maggie. Maggie birth to 4 cute kittens who’re not the children of Sam, surprisingly! Sam as a male cat contrary to the old myth (that male cat kill its own kittens) had not shown its worst reaction, which we are expecting from him. As soon the kittens grew and tend to ate from Sam bowl so he innocently just back out and lead the little ones ate. One of my friend told this to me, with the cute kitten family images that how harmoniously this family is living. Ahhh! And what we humans do with the adopted peeps or what we do with our own kids.

This made me wonder that we humans now need to learn humanity from animals that how well-behaved animal became and learnt to treat each other well too, without any discrimination at all.

You guys might knew about this factum that when a bird is about to teach its lil one’s, how to fly? So it just threw them in the air. Now it’s up to the small champ to survive or strive and at the end we saw that they were happily flying and enjoying their freedom with full wings. This is the true example of strong parenting. We humans encaged our children in the name of protection and due to this our kid just forgot to fly without even realizing that they got the bigger wings to accomplish every dream which lead them to the contentment they deserve. Eventually we end up being imprisoned to something which we never want because we love to cage ourselves in gold prisons and that’s why we’re losing ourselves in this materialistic journey. One day might lose humanity to!

 

Women empowerment in Pakistan

 

Women considered as the incarnation of beauty in their houses, they’re basically the centre of attention in every home, like every time a child enters in a house, his/her first concern and question was related to their mothers.

Women in any form whether mother, daughter, wife, sister, hold an honor and prestige in society, their presence is kind of a moral support and strength in family and if we looked into an Islamic background.

Islam laid down the code of human life, it talk about humanity and peace in its entirety and for that purpose it sets some regulation to be abide by, so no unjust situation could arose in future. Islam considers a daughter a blessing and ab initio it started to lay rights in favor of women i.e. to say:

• Right of education ( Holy Prophet SAW made mandatory that each and every Muslim whether men and women has a right to learn from cradle to death bed)
• Right to be inherited in a property
• Right to gave her consent in marriage
• Right to be a witness but exception exists here
• Right to have their dower
• Right to be maintained by their guardians

Islam originates many rights in favor of women so she could live her life with security and protection but in lieu of following our fundamentals of Islam, we just created our own standards of living, in which we shattered the whole jest of prudent society and raise a culture which became a curse for our own living.

As Islam puts 1500 years back that daughter is a blessing and it could be found on traditions of last Prophet Saw that, “one who treats his daughters rightly, so will be in at my side on the day of judgment”. Also it has been said: “that under mother’s feet hold a paradise”. Means the whole paradise comes under the feet of a women , if she’s a mother and holds a highest form of privilege due to this commandment.

If daughter is been raised rightly and adequately so her grooming, confidence and decision making ability can help many generations to run successfully but if the brick is week so whole building becomes a wreck.

As Napoleon Bona Parte puts it: “Give me an educated mother, I shall promise you the birth of a civilized, educated nation”

Also husband and wife are the two wheels of a vehicle which would be imbalanced if one of them is punctured so for that both man and woman needs to be stand on equal footing and should be treated with fairness, equality and justice so both can play pertinent and beneficial role in upbringing a society.

Women empowerment is not just a mere word used to signify the west women but it represents and depicted about those rights of women which have now been confined and blatantly refused to be given to them. So they should be given their prerogative attributes which solely belonged to them.

For instance, if the word women empowerment came across my mind so those reputable images popped in my mind right away i.e. to say Hazrat Khadija Ra, Bi Amma, Fatima Ali Jinnah, Begum Rana Liaqat Ali khan, Bano Qudsia, Muniba Mazari , Arfa Karim, Malala yusuf zai and many more , who have successfully made a mark in society and an inspiration to all of us , also motivation for those women which thought their only work is to do gossips and create domestic violence and fights inside the house.

Strong minded and independent women always support each other, though independence should be intra vires and within the ambit of morality.

Pakistan is the only country where women become prime minister and 2 of its asp official heads are women, where women got extra seat in assemblies and in urban areas there are many forums and ombudsman for women to complaint against their harassment and issues annexed thereto.  But unfortunately it’s sad to said that due to illiteracy and many other factors women suffer a lot in here too like in rural areas its commonly seen that brothers killed their sisters in the name of honor killing and wani becomes a normal practice also female’s properties confined by their guardian and they could be sold and married for few coins. Though there are trusts and leading Ngo’s who’re working for these women health issues and financial stability eg Begum Romana Tanveer Sheikh and Shamim Akhter had broken that stereotype thought of our society that women couldn’t do everything. As Quaid e Azam said: “no nation can rise to the height of glory, unless women are side by side with you”

As with all this I would like to say that government should ensure such policies and made laws which provide women more opportunities because women are the integral part of state and to run a prosperous state, there should be reforms for the development of women so they also could meet their ends and for financial stability, equal salaries should be given to men and women, also there’s a great need to stop discrimination. Government should create awareness through campaigns for the promotion of women empowerment, because once our society upgraded their thoughts and came out of taboo perceptions so half of the evil would be cured there and then.

As I would like to conclude that it’s the fundamental right of women guarded by our constitution and UNDP, NPA, GRAP and other human right organizations to be given them their rights as it’s not the grant, it’s a matter of their right , there preservation and one who tries to violated it should be sanctioned by the state.

An excerpt from Express Tribune

“Women empowerment refers broadly to the expansion of freedom of choice and action to shape one’s life. It implies control over resources and decisions. An empowered woman will be one who is self confident, who critically analyses her environment and who exercises control over decisions that affect her life. The idea of empowerment manifests itself at all levels of societal interaction. It is found in giving a voice to the weak and marginalized. It requires having an access to the needed tools and materials for the expansion of capacities. Women empowerment has five components: women sense of self worth; their right to have and determine choices; their right to have access to opportunities and resources; their right to have the power to control their own lives, both within and outside the home; and their ability to influence the direction of social change to create a more just social and economic order nationally and internationally”

Care more, Judge less

 

Last week me and my friend had done a social experiment and from sea view Clifton’s McDonald side we walked naked feet till Hyperstar mall washroom, though it was a dare but it taught me few things which i would like to share.

Shams of Tabriz once asked Rumi to bring 2 wines, Rumi hesitated at first but at the end he went for it because his teacher said so, when he bought the 2 bottles, Shams told him: “to drink it “, as Rumi was about to drank , Shams patted the bottle away and said that: “it was a practice to kill your self image, which you carried in this world, the pleasure of temporary fame which you enjoyed, so you can move like yourself, saw the world through your own eyes, but never ever go against the commandment of Almighty Allah, please God not people“

As I was walking, my friend was quite calm and moving slowly, though I was in a rush and were moving fast so no one could saw us like this, but her behavior really astonished me , she was like, don’t care about the world,be a least bothered person, you’re a traveler here, it’s your life, your rules, Blah Blah! but I was feeling too much gazes striking at my face , some are mocking at us with mischief smile, some are appalling but none of them felt pity for us nor came toward us and ask: “Is everything alright , girls”? Though our confidence and outlook was remarkable, so i thought people would not gave a damn about our feet. Any ways the point was that, yeah! people judged us but would forgotten in few hours that they had seen two fooled roaming in mall with naked feet and so do us but …

I shared this event because yesterday I went to Hyperstar again with the same friend of mine and coincidentally my shoes got wet due to the beach, so as I entered in the Malls prayer area , maid who worked there started yelling at me, I don’t know what caused to her but I just became confused, so her co-worker told me that: “your wet shoes were creating a mess here plus if security guard would saw these dirty muddy shoes, he wouldn’t let you in”. I just wanted to laugh so badly but I controlled myself and apologized.

At the same moment a thought occurred to me that yeah people nowadays judge more and care less , but they started caring most when it comes to them, you can do whatever you want, as long as you’re not prejudicing to other person’s life, liberty, privacy so you’re safe but once you entered in their domain, you’re doomed. We became so feeling-less blank champs that apart from us, we couldn’t saw anything at all. The purpose of writing this blog is that stop judging and start caring a lot, care when it’s required, caressing doesn’t mean poking your nose or interfering in other people business but have compassion to show gratitude what you had and what other’s couldn‘t have.

This life is not always been the game about ME, ME, and ME instead it is WE and WE, don’t became what the world wants you to be, but be what is best for ‘To BE’ in this world and here after.

JINNAH AS A LAWYER

 

 

A lawyer consider as the role model in the society. He holds and stands the prestigious position. If we go through the history we have seen many lawyers evolved into great leaders whom the nation can count on for their prosperity.

How a lawyer can be an asset and how well he could take part effectively in society to promote or create peace, justice, harmony in a society? This can well be answered by Fred C. Zacharias

“Legal education endows the class of lawyers with sensitivities and skills that might be useful in producing democratic values and that most laypersons do not have-including the ability to institute litigation, write regulations, and lobby legislatures and administrative agencies. As the experts in legal process, lawyers arguably have a special role to play in preserving that process”.  So a lawyer, a student of law is the savior of society because he knows the rules and conduct to run the society. He is the guardian of the rule of law, it’s in his hands to bring up the right facts and produce justice for public interests.

As Fred used to belief that: “Attorneys usually are the catalysts for progressive reforms in the legal and social structures of the nation”.

As Plato, argued that democracies favor those who have expertise in winning elections, rather than those with expertise in properly governing society. Arguably, under Plato’s theory, lawyers with skill in producing regulation have a special role to play in counteracting, or supplementing, the inclinations of elected officials.

For instance the lawyer’s movement seen in Parvaiz Musharraf era is the live example of legal fraternity to stand firm for the perseverance of constitution. As much as lawyers and litigation may have done over the years to shape law in favor of individual rights and open government, such results are at least as much a function of political trends and financial support as the inherent nature of what lawyers do. Lawyers have been a force for movements in all directions, including potentially antidemocratic directions.

From time to time lawyers play vital role in political issues as well as lay man issue and made parliament to create new laws for the security of general public such as death custodial act, fatal accident act, consumer protection act etc etc. lawyers have basically the direct association with people so they can ensure them as regards in safeguards of their rights.

As joe jamil rightly said: “I was taught that a lawyer was supposed to be a custodian of the community’s legal and ethical sense”.

Lawyers are the mechanics of the legal system. They drive and help fine-tune the engine, knowing that if it is not in working condition, it will not reach its destination. Lawyers are specially trained in the legal system’s goals and have the greatest expertise about its operation.

In societies in which the legal system is an essential component of the democracy, representing clients and assuring clients full access to the legal system cuts to the core of what practicing lawyers are supposed to do. If the ability of the bar to accomplish those functions is threatened, lawyers individually and as a class are obliged to respond. In this sphere, their role in preserving society’s interests represents more than a moral option.

 

As we have already discussed what the lawyers could do to bring peace and harmony in civil society? How could they be custodian of rights as a role model for general public? Now we will viewed the answers of these questions in the light of Quaid-e-Azam Muhammad Ali Jinnah’s life, the founder of Pakistan, great leader and outstanding barrister.

To judge stature of a personality, it is important to know what the adversaries and competitors say about the qualities of that person;

Mrs. Vijay Lakshmi Pundit, a prominent figure and Nehru’s sister, stated, “If the Muslim League had 100 Gandhis and 200 Azads and Congress had only one Jinnah, then India would not have been divided!”

Bill Clinton during his visit to Pakistan in the year 2000 at the lunch given in his honor by the Chief Executive remarked that Mr. Jinnah was the great constitutional lawyer of the Common Wealth. Jinnah’s outstanding career as a Counsel is beyond any cavil or controversy whatsoever.

In a Broadcast from BBC, Sir Stafford Cripps spoke of him as “a most accomplished lawyer outstanding amongst Indian lawyers and a fine constitutionalist.

Edgar Snow, the well known American Author, noted that even if one only appraised Jinnah as a barrister, it would be to acknowledge that he had won the most monumental judgment in the history of the bar. He had recognized in the romantic ideal of Pakistan, a case that could be fought and won.

As Edgar further said:“He was the most versatile of advocates, practicing with equal success before civil and criminal courts, original and appellate sides of the High Courts, and last but not the least, before the highest tribunal of the Commonwealth, the Privy Council. Mr. Jinnah was a triple combination, Carson’s ‘cross-examination’, Marshall Hall’s ‘Marshalling of facts’ and Simon’s ‘subtlety of law”.

However, to sum up in the words of Stanley Wolpert, “Few individuals significantly alter the course of history. Fewer still modify the map of the world. Hardly anyone can be credited with creating a nation state. Muhammad Ali Jinnah did all three”.

Gandhi used to call him a most clever lawyer.

In his book, Famous Judges, Lawyers and Cases of Bombay, P.B. Vaehha writes. “Muhammad Ali Jinnah is in a sense the most celebrated member of the Bombay Bar, for he is the only man who, after extensive and eminent practice at the Bar for a number of years, ultimately passed into general history. He was very clear headed and he drove home his points both on law and facts with a lucid and persistent eloquence. He appeared in a number of important suits and appeals on the civil side, as well as in great criminal cases.

Even a hostile Judge had to compliment Jinnah when the Jury, contrary to His Lordship’s directions, decided to acquit the accused in the famous Allo Rape Case at Surat.

A good lawyer should be keen, vigilant, well-observant and foreseeable being. If we talks about Muhammad Ali Jinnah, he possess all such abilities and talent. He is also a magnificent leader, as how parents can foresee what is good and bad for their child, similarly Quaid understood this factum very earlier that Muslims of sub-continent are in dangerous position.

He is a man with vision and clear insight and always stands for rights and just, he had never compromise on his dignity, he knows his worth and made it appreciated by others to

” Once He was in case as advocate ( defence lawyer ). During the case the Judgesays,’Remember that , you are not addressing a third-class Magistrate’. The Quaid replied ,’My Lord,  allow me to warn that you are not addressing a third-class pleader’.”

Jinnah was an avid reader, a man of determination and used to take his decision on his own and then with his discipline nature stand firm on it. In the age of 20th , Quaid was struggling in Bombay as a lawyer . He had great command in English Language. In his 3 early years he did not get any success in law but he was struggling continuously.

This sets great example for all of us young lawyers to be perseverant and Jinnah is so persistent in his nature that he used to go court daily and in the mean time read as much as he can to have a better understanding of law to grip it tightly. He is always on time and never compromise on his professionalism.

Apart from his hectic and busy schedule Jinnah have his own class and his humorous personality often left the opponent with miserable silent

Once an old prosecutor misleading witness, So Mr. Jinnah opposed it. Prosecutor replied:”Mr.Jinnah, have mercy on my white hairs”. So Jinnah replied,” I respect for white hairs that used to be grown from wisdom”.

People used to respect Jinnah’s opinion because he gave proficient advice. When he used to address in front of huge crowds, there’s always a pin drop silence though he delivers his speech in English and majority wouldn’t be able to understand it but his loyalty and truthfulness have made him entered into the hearts of many.

Jinnah was a true Muslim, this could be realized from this fact he just took admission in Lincolns inn because the name of our Holy Prophet SAW is been mentioned there among the great law givers. He always stands for equality and in favor of freedom to profess any religion a person wants to preach.

Jinnah was a lawyer by profession who won many cases due to his brilliance in law. He is by far the most successful lawyer to have become a head of state. According to those who saw him in action, few lawyers commanded a more attractive audience than he.

Ilmuddin was the only case he ever lost, that shows his competence and if we lawyers follow his footsteps, so can also prevent the ongoing chaos and turmoil in society and made it a better place for our next generations. Jinnah’s life and his principle taught us that a good lawyer is a blessing to nation.

 

Having qualified as a barrister in England and having made his mark in India, Jinnah’s name could be justly added to the ‘list of great lawyers’ academically linked to Lincoln’s Inn. Jinnah practiced both law and politics for half a century; he made a fortune as an advocate and earned glory and gratitude of prosperity as leader of the Indian Muslims. When Jinnah left the shores of free England and voyaged to subject India in 1896, he had perhaps no idea that, one day, he would be obliged by the erstwhile Hindu leaders to make history and his biggest brief would be to win the case of the Indian Muslims for a separate homeland.”

Aziz Beg, Jinnah and his Times.