Practice Areas
The experience of our lawyers in contentious civil & Criminal litigation spans over a number of years. Not only do we regularly represent multinationals and local corporations before the Supreme Court, High Courts of Pakistan and the subordinate District Courts, but also counsel Government functionaries on complex constitutional matters.
The spectrum of our litigation practice ranges from property law disputes, real estate and construction matters, constitutional petitions, white-collar crime, contractual disputes, intellectual property matters, employment disputes, taxation and customs duty assessments and liabilities, domestic and family disputes, shipping and admiralty, telecommunications, as well as media.
We provide services in different forums of law, Corporate, Taxation, Intellectual Property Rights, (Copyright, Trade Mark & Patent), Services matters, Constitutional matters (Writ Petitions, Public Interest Litigation’s) Family matters, Immigration & Citizenship Rights, Special Courts and Tribunals, NAB, FIA, FBR matters.
Contracts are at the very core of any corporate or commercial relationship, and our team can draft and advise over a wide variety of them, of a basic or highly complex nature. Our corporate team advises governmental organizations and all sectors of businesses from people in executive roles, to shareholders, investors and lenders.
Given that our firm is integrated into the legal and business fabric of Pakistan, as well as worldwide, we are a key player to advise on mergers and acquisitions, joint ventures, public company takeovers, venture capital, private equity and equity capital markets transactions. We also lead our clients through every step of the legal process, making sure that they are in the know and adequately advised.
We advise them on all aspects of the governance and administration of companies, including compliance with the SECP. In terms of compliance, some laws are fluid and not in stasis, and thus we help our local as well as foreign clients be notified of such changes that would affect their businesses, and offer dynamic solutions to retain the balance that work best for our clients’ needs and objectives.
We provide legal advice and representation to our domestic and international clients in relation to all matters pertaining to employment and labour laws, and we also provide advice in matters relating to the complex legalities of human resource management.
Our services include advice in relation to employment, termination, regulatory requirements and dispute resolution. We continue to represent companies, employees and civil servants before the Labour Courts, Service Tribunals, High Courts and Supreme Court of Pakistan.
In addition, we advise businesses of all sizes, i.e. from start-ups to international large companies on the different facets of employee benefit programs, including EOBI and Provident Funds.
We understand the dynamics of real estate from all legal tangents. Our clients include property developers, public and private owners, operators, investors, contractors, sub-contractors, suppliers, lenders and real estate investment trusts.
We have extensive experience in advising clients on real estate development, construction and conveyancing matters, and have successfully represented parties at all legal forums in relation to property ownership, rent and construction disputes.
In addition, we offer legal advice and due diligence for clients investing in real estate, drafting legal documentation for property acquisition and construction as well as negotiating terms of appointments on behalf of construction companies in relation to infrastructure construction projects. Our team handles conveyancing, mutations and registrations on behalf of our clients before various land registries and registrars of assurances.
We advise and represent a number of clients on contentious tax and customs related matters, before government authorities as well as the High Courts and Supreme Court of Pakistan. Our practice covers advice and representation in matters involving corporate taxation, sales tax, income tax, property tax, custom duties, coercive recovery by the Federal Board of Revenue and other local government taxes.
Our tax practice accommodates businesses of all sizes, as well as individuals who are seeking guidance and counseling pertaining to all aspects of provincial and federal taxation. Our advocates have helped numerous individuals and business entities to manage their taxation figures, as we know taxes dictate vital business decisions, including where to locate, how to structure, who to hire, etc. Our services include tax planning considerations in structuring corporate mergers, acquisitions and leveraged buy-outs, partnership issues, tax issues in commercial loans, leases and work-outs, real estate tax issues, tax matters of concern to international clients with business operations in Pakistan or the overseas, and tax litigation, etc.
Our firm has extensive experience in all aspects of criminal prosecution/defense from investigation to trial and beyond, as well as in advising businesses and individuals in relation to the legal strategies which they need to take in order to mitigate the loss/damage.
Our firm’s advocates have advised and represented several high-profile individuals, both at the High Courts and Supreme Court of Pakistan that had matters that involved complex legal and evidentiary issues. We can deal with a wide array of issues in this area, including but not limited to National Accountability Bureau (NAB), money laundering, international banking fraud and illegal property transactions.
Intellectual Property refers to creations of the intellect for which a monopoly is assigned to designated owners by law. Intellectual Property Rights (IPRs) are the protections granted to the creators of IP, and include Trademarks, Copyrights, Patents, Industrial Design Rights, and in some jurisdictions, trade secrets. It is important to note that even artistic works including music and literature, as well as inventions, words, phrases, symbols, and designs can all be protected as intellectual property.
There is nothing more deflating than to see someone claiming your intellectual property/invention/discovery as theirs. Also, the risk of online theft and data breach has increased tenfold since the dawn of the digital paradigm. In light of the above statement, our attorneys offer a comprehensive range of legal services for the identification, development, acquisition and protection of intellectual property assets and related technology. Our advocates have represented various companies and individuals in relation to their IPRs and infringements, and have successfully obtained favorable orders from the Honorable Courts on behalf of our clients.
Family law deals with family-related issues and domestic relations. Most family law practices focus on representing clients in a divorce and the issues related to divorce such as the division of marital property, child custody and support, and alimony. Family lawyers also draft prenuptial and postnuptial agreements and litigate related matters. Some family lawyers represent victims or perpetrators of domestic violence in civil protection order proceedings and defend clients accused of domestic violence in criminal proceedings. Adoption and guardianship, juvenile delinquency, and child abuse and neglect are also areas of family law.
While there are some family lawyers who have developed a particular specialty, such as adoption law, most family lawyers have expertise in a number of practice areas. Moreover, family lawyers must have a wide range of legal skills as they draft and negotiate contracts, pleadings, and other legal documents; litigate contested matters; counsel clients on their legal rights and options; and attempt to resolve disputes. They also must have exceptional interpersonal skills and be adept in managing emotionally volatile situations.
We critically examine the definition of ‘terrorism’ in the Anti-Terrorism Act 1997 of Pakistan and as it is interpreted by the Supreme Court of Pakistan under the principle of legality in criminal and human rights law standards.1 We conclude that the definition of terrorism under the Anti-Terrorism Act does not pass the test of the principle of legality and the jurisprudence of the Supreme Court of Pakistan is inconsistent confounding the situation further. We recommend that Pakistan, following the principle of legality and human rights standards, amend the current definition of terrorism as an overbroad definition could be misused and abused leading to human rights violations.
We deal in rent cases in rent controller courts both on behalf of tenants and landlords. Even though rent laws prima facie appears to be simple but the tussle between landlords and tenants sometimes becomes nerve testing, owing to the technicalities and procedural requirements of rent courts and petitions.
We at BLA have expert lawyers who deal in a most efficient manner on behalf of our clients whether these are eviction petitions to get an illegal occupant evicted through court order or to safeguard the interests of tenant from unnecessary and illegal disturbance in peaceful enjoyment of rented premises.
The leading Law Firm of Cyber crime cases is Bukhari Law Associates, who have dealt with numerous Cyber Crime cases lately.
With the growth of the internet, wired and wireless networks, web cameras, and the easy availability of information, smart phones, and tablets, opportunities for computer-based crime are growing, and law enforcement is devoting increasing resources to these cases. Commonly referred to as Cyber Crime, these violations involve activity where a computer or network is the source, tool, target, or place of a crime.
Also on the rise are false allegations of cyber stalking, snooping, and improper access to personal information. Too often, “online relationships” that result in hurt feelings lead to allegations of impropriety and sometimes criminal prosecutions. Due to the commerce clause of the federal constitution, nearly any crime involving a computer can be brought in federal court, as well as in state court.
Here you may find information on banking law in Pakistan. Our dedicated team of professional lawyers may best assists their clients in resolving banking law issues in Pakistan.
We deal in establishment, incorporation and share capital in Banking Companies, Cooperative Banks and Financial Institutions, Transactions of Banking Business, Suspension of Business and Winding up of Banking Business, Recovery of Loans, Mortgage Matters, Landlord & Tenant, Debtor & Creditor, Contracts, Bankruptcy, Bank Secrecy Matters and Negotiable Instruments etc.
We also deal with the matters relating to borrowing, raising or taking up of money, the lending or advancing of money either upon or without security, all kinds regarding bills of exchange, hundis, promissory notes, coupons, drafts, bills of lading, railway receipts, warrants, debentures, certificates including participation term certificates, modaraba certificates and musharika certificates etc and dealing in bullion and species, buying and selling of foreign exchange including foreign bank notes, the acquiring, holding, issuing on commission, underwriting and dealing in stock, funds, shares, debentures, bonds, obligations and securities, all kinds of investments, the receiving of all kinds of bonds, scripts or valuable on deposits.
We specialize in helping people navigate the complex process of immigrating to a new country. It is our aim to assist clients in working around getting the necessary visas, permits, and related legal documents required for immigration. At BLC, we provide legal advice and take pride in representing clients in immigration-related matters, such as citizenship applications.
For the United Kingdom, we assist clients with various visa options available, including work visas, family visas, and student visas. We also provide legal advice on the eligibility requirements for each type of visa, as well as the application process and necessary documentation. Additionally, if required, we can represent clients in appeals and judicial reviews of immigration decisions.
For Canada, we help clients navigate the country’s complex immigration system, which includes different federal and provincial programs. We assist clients with applications for permanent residency, work permits, study permits, and visitor visas. We also advise clients on the various immigration streams available, such as the Express Entry system, provincial nominee programs, and family sponsorship.
For Australia also we provide legal advice and representation to clients seeking to immigrate to the country, assisting with applications for permanent residency, work visas, and study permits. We further provide guidance on the eligibility criteria and documentation requirements for each type of visa. Again, representing clients in appeals and reviews of immigration decisions.
It is our motto to play a crucial role in helping individuals and families navigate the complex immigration processes, by providing legal expertise and guidance, ensuring that our clients have the best chance of success in their immigration endeavors. If you are considering immigrating to the UK, Canada, or Australia, we strongly recommend trusting us as your consultants to ensure a smooth and successful immigration process.
Consumer protection law or consumer law is considered as an area of law that regulates private law relationships between individual consumers and the businesses who are selling those goods and services.
The idea of consumer protection laws was firstly adopted in Pakistan by the Federal Government in 1995 when The Islamabad Consumer Protection Act, 1995 was passed. Later on The Provincial Governments followed this pattern and the provincial assembly of Khyber Pakhtunkhwa passed The Khyber Pakhtunkhwa Consumer Protection Act, 1997. The provincial assembly of Baluchistan passed The Balochistan Consumer Protection Act, 2003, the provincial assembly of Punjab passed The Punjab Consumers Protection Act, 2005 and provincial assembly of Sindh passed a Consumer Protection Bill in 2015 to protect the rights of consumers. The basic purpose of making these Acts, a part of our legislation, is to establish a prosperous society where all consumers may feel themselves secured and where there is no room exists for fraudulent acts.
After the approval of these Acts, district consumer courts are established for all the districts of Islamabad, Punjab, Khyber Pakhtunkhwa and Balochistan while the enactment in Sindh province is in process, so that people may easily access to these courts for the protection of their rights. Along these district consumer courts a network of district consumer protection councils has been spread in all four provinces of Pakistan. These councils are established to create awareness among masses about their basic rights and benefits as a consumer.
Pakistan is included among the countries that are being adversely affected by climate change and has been ranked at 5th position among the most adversely affected countries. Climate Change has posed three big challenges relating to the water, food and energy security of the country. The Pakistan Environmental Protection Act 1997 was the main legislation for the protection of environment, which was unable to achieve the objectives, therefore another complementary enactment in the shape of the Climate Change Act 2017 has been promulgated. The latter also has lacunas such as ambiguity in the concerned law and a lack of clear vision for implementation of the same. It is the need of the hour to have a climate-oriented trade policy under the challenging climatic scenario of Pakistan. Climate change is and will further impact trade through several channels, not all of which can be easily quantified. Over the next half-century, international trade is planned to be projected to continue to outpace growth in the global gross domestic product. The changing pattern of global climate is causing enormous devastating impacts on human lifestyle especially, the trade pattern and flow, resulting in the economic impairment of a country.
At BLA, we represent our clients in constitutional writs filed against government departments and officials requesting the High Courts for safeguarding fundamental rights of citizens. We have successfully represented our clients in writs involving various government departments at the federal and provincial level including Ministry of Interior, Foreign Affairs, Ministry of Commerce, Education, Police Department, Ministry of Health, Technical Education, Pakistan Medical and Dental Council, Defense production and many more.
Generally, international trade law includes the rules and customs governing trade between countries. International trade lawyers may focus on applying domestic laws to international trade, and applying treaty-based international law governing trade.
Two main areas of international trade on the domestic side include trade remedy work and export controls/sanctions. Trade remedies are tools used by the government to take corrective action against imports that are causing material injury to a domestic industry because of unfair foreign pricing and/or foreign government subsidies.
There is renewed focus of late on the World Trade Organization (WTO) and its rules for international trade. Lengthy preparation for the organization’s 11th Ministerial Conference in December 2017 has led to calls from the business world to expand and update WTO rules.
Businesses are turning to the WTO as growth in global trade of goods and services slowed to between 1.9 and 2.5 percent in 2016, which the World Bank characterized as “the lowest growth in trade volumes since the Great Recession of 2008–20091 .” At the same time, focus has shifted away from regional trade negotiations.
That low growth in global trade appears to be structural as well as cyclical. According to the International Chamber of Commerce (ICC), while slow global economic growth has certainly contributed to the slowdown in international trade growth, national policies are also contributing. “Governments all across the world have become more innovative in protecting domestic business against competition from abroad,” said the ICC, citing a new trend in local content requirements as one barrier of growing concern. “What is needed now is new liberalization that raises the underlying potential for growth,” the ICC says in its proposed agenda for the WTO’s upcoming Ministerial Conference.
Alternative Dispute Resolution (ADR) is the procedure for settling disputes without litigation, such as arbitration, mediation, or negotiation. ADR procedures are usually less costly and more expeditious. They are increasingly being utilized in disputes that would otherwise result in litigation, including high-profile labor disputes, divorce actions, and personal injury claims.
One of the primary reasons parties may prefer ADR proceedings is that, unlike adversarial litigation, ADR procedures are often collaborative and allow the parties to understand each other’s positions. ADR also allows the parties to come up with more creative solutions that a court may not be legally allowed to impose.
Arbitration law connotes the dispute settlement process between two agreeable parties through appointing an arbitrator to give a binding solution on the dispute, arbitration is a way to settle disputes outside the courts thereby saving time and resources at the same time, the object of arbitration is to provide a neutral forum for parties engaged in business transactions and relevant affairs.
The parties are able to preserve confidentiality which is imperative especially when they wish to protect their trade secrets and commercial interests. These factors are vital when dealing with cross border transactions involving foreign investment where neutrality in terms of place, the law and the arbitrators are considered prime by the parties in settling their disputes. The neutrality ensures that the arbitral tribunal deciding the matter at hand is separated from any direct national influence therefore giving loyalty mainly to the parties.
In today’s world, the most imperative area of arbitration is foreign investment. The use of arbitration for resolving foreign investment disputes provides a safe haven especially for foreign investors involved in global economy due to its trusted, credible and workable system in place.
Generally, International, National and Corporate Agreement Writers law refers to the rules that govern commercial interactions between persons or other certified entities. These rules can come from legislation, common law rulings, or agreements made through international conventions or treaties. Most business laws either regulate entity behavior (for example, bankruptcy and taxation), or regulate transactions between different entities.
But one of the unique things about business interactions is the importance and prevalence of contractual agreements between commercial entities. This is often known as a business to business commerce agreement, or more simply, a business agreement. General business agreements can control any number of commercial interactions such as purchasing goods from a manufacturer, purchasing goods produced by others, or purchasing services from another entity.
At BLA we have a variety of clients seeking advice on various legal matters involving their personal (family), business, societal, public life. It is a matter of great honour for our law firm that we consider no clainet as ordinary. Whether it is a challenge being faced by a client in his/her personal family life, a business affair, or some matter of public, social nature, the firm reaches out to him/her with specialized skills to advise with minute details covering all possible repercussions and safeguards. From advising a client on family matters, contract writing, getting movable and immovable property registered, drafting a will, getting registered a welfare trust or an NGO, to protecting various rights and entitlements attached to properties and many more, you will always find the lawyers at BLA most comfortable to talk to and being able to satisfy all your queries and demands on all appropriate forums.
Human Rights issues are currently the fundamental concerns of International Community and no state can afford to ignore Human Rights abuses within its jurisdiction. Our human rights law experts in Pakistan best assist anyone around the globe on account of enforcement of human rights.
The Fundamental Rights, as embodied in our Constitution, are the bed-rock of Pakistan democracy, and the rights to constitutional writs, contained in Articles 185 and 199 of the Constitution, is one of the formidable instruments in the hands of the Pakistan Citizens to assert their rights.
During the last 60 years, Pakistani Courts, and particularly the Supreme Court, have in many cases interpreted the Constitutional provisions relating to the Fundamental rights. In several of them, they have defined the nature and scope in the changing contents of our political, social and economic life. A thorough study of these provisions and the scope and trends, which emerge from judiciary pronouncements, are necessary in a growing democracy.
According to Section 2(h) of the Protection against Harassment of women at Workplace Act, 2010 harassment” means any unwelcome sexual advance, request for sexual favours or other verbal or written communication or physical conduct of a sexual nature or sexually demeaning attitudes, causing interference with work performance or creating an intimidating, hostile or offensive work environment, or the attempt to punish the complainant for refusal to comply with such a request or is made a condition for employment.
According to the Section 3 of the Protection against Harassment of women at Workplace Act, 2010, every organization has to constitute an Inquiry Committee to inquire into complaints made against workplace harassment. And committee shall consist of three members of whom at least one member should be a woman.
If a person is guilty of workplace harassment, the following penalty under section 4 of the protection against harassment of women at workplace act, 2010 can be imposed on him:
A) Minor Penalties
Censure withholding for a specific period, promotion or increment
Stoppage for a specific period
Recovery of the compensation payable to the complainant from pay or any other source of the accused.
B) Major Penalties
Reduction to lower post or time-scale or to a lower stage in a time-scale.
Compulsory retirement
Removal from service
Dismissal from service and fine
According to Section 8 of the Protection against Harassment of Women at Workplace Act, 2010, the female has an option to file a complaint directly to the Ombudsman or the Inquiry Committee.
In Pakistan, the struggle over power often provokes people to spin the law towards their own interests and (mis)use state institutions to reach political ends. Under such conflictual circumstances, anti-corruption institutions are frequently used by the people in power to persecute opposition parties. This paper has two aims. First, it attempts to show that political disputes and the conflict between civilian and military authorities have not only led to the foundation of anti-corruption agencies at the national level—the Ehtesab Cell (EC) and National Accountability Bureau (NAB)—but also created a bias against civilian institutions in the legal provisions that regulate their activity. Second, the paper uses new statistical data to show that the NAB, founded in November 1999, has tended to side with the interests of the parties and people in government.
The Accountability Courts have been established for speedy disposal of cases involving corruption and corrupt practices, abuse of power, misappropriation property, kick backs, commission and formatter connected and ancillary or incidental thereto.
The very purpose of constitution of these Courts is to adjudicate cases of corrupt officials/persons and to recover outstanding amounts from those persons who have committed default in the repayment of amounts of banks, financial institution, Government and other agencies. The Courts are successfully achieving the objectives of National Accountability Ordinance, 1999 (XVII of 1999) by convicting the corrupt officials/persons and recovering considerable amounts which they had misappropriated, etc, and imposing as fines.
The founding partner of the firm Syed Hamid Ali Bukhari has a vast experience working as a lawyer in anti corruption and NAB cases. Moreover he also remained Justice of the special High Court for banking offences in Rawalpindi and has in depth knowledge and experience, both as a lawyer and judge, of the cases involving white collar crime, financial corruption and money laundering.
Citizen by Birth
Persons who or any of their parents or grand parents were born in the territories now included in Pakistan before the commencement of citizenship Act, 1951 are citizens of Pakistan.
Any person born in Pakistan after the commencement of Pakistan Citizenship Act, 1951 is citizen of Pakistan. Children of foreign diplomats and children of enemy alien born in Pakistan are not included in this category. Persons, who migrated from territories of Pakistan to other areas of Indo-Pakistan sub-continent for permanent stay after March, 1947 shall also be not considered citizens of Pakistan.
Citizen by Decent
Children of Pakistanis who are born outside of Pakistan are citizens by descent. If the parent of such child is a citizen by descent himself/herself (as born outside of Pakistan) the child is required to be registered in the nearest consulate or Pakistani mission.
Children born to Pakistani mother and foreign national father, after 18.04.2000, are treated as citizens of Pakistan.
Citizen by Migration
The persons who migrated to Pakistan from the territories in the indo-Pakistan subcontinent before the commencement of Pakistan Citizenship Act, 1951 are declared citizens of Pakistan.
Foreign law is the national law of a country other than the United States; the foreign law of a particular nation state defines the relationships within its borders. The important primary sources of foreign law will depend on the type of legal system, but will often include the constitutions, statutes, regulations, and court decisions of the particular country you’re researching.
This differs from comparative law, which is the study of similarities and differences between two or more countries or legal systems, and international law, which deals with the norms/rules governing relations between two or more nations.
Company law is the legislation under which the formation or incorporation, registration, governance and dissolution of an entity is administered and controlled. Company is a legal entity formed by a group of individuals for the purpose of operating a business or undertaking, which has a legal and corporate personality separate from that of its members.
Company law has been reformed with the objective of facilitating corporatisation by way of promotion and development of corporate sector, encouraging the use of technology by electronic means in conducting business and regulation thereof. Regulation of companies for protecting interests of shareholders, creditors, stakeholders and general public, inculcating the principles of corporate governance, safeguarding minority interests in companies, providing an alternate mechanism for expeditious resolution of company disputes, and matters arising out of or connected therewith.
BLA has a strong and broadly based international company law practice. We have a team of lawyers who specialise in companies incorporation and related work. The company law team has a particular focus on the way in which corporate services are brought to commercial market and promoted and has considerable expertise in the fields of company promotions and sponsorship.
The Corporate Law Authority (CLA) was regulatory authority of corporate sector in Pakistan. A restructuring plan was initiated under the Capital Market Development of Asian Development Bank in 1997. In December 1997, the Parliament of the country promulgated Securities & Exchange Commission of Pakistan (SECP) Act, 1997. In pursuance of this Act, SECP became operational with effect from January 1, 1999. SECP as an apex regulator of corporate sector and capital market, actively pursuing its mandate for developing a progressive corporate sector, decided to replace the Ordinance with new corporate laws that meet the demand of the present complex corporate structuring.
Eventually, the journey to frame a new company law was commenced from December 2015 when the first draft on Companies Bill was issued for stakeholders comments, and it was promulgated on November 11, 2016 as Companies Ordinance, 2016 and eventually the Companies Act, 2017 was promulgated on May 30, 2017.
A company may be formed by charter, by special Act of Parliament or by registration under the Company Act. The liability of members is usually (but not always) limited by the charter, Act of Parliament or memorandum of association. A company may be a public limited company, in which event its shares may be transferred freely among, and owned by, members of the public. All limited liability companies that are not public limited companies are private companies, denoted by the term (Pvt) Ltd. While companies are owned by their members (i.e. shareholders), they are managed by a board of directors. A company may be limited by shares, or by guarantee or an unlimited company.
