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A memo on Monopolies, Competition and Tax issues arising out of Foreign Company operations
Prepared by the Pakistani Lawyers Team 2013

The Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970 provides against undue concentration of economic power, the growth of unreasonable monopoly power and unreasonably restrictive trade practices. The sale of stock may be covered by section 5 of this Ordinance. According to this provision an unreasonable monopoly power is deemed to have been brought about, maintained and continued if there has been any acquisition by a person or an undertaking, the effect of which is likely to create “monopoly power” or to substantially lessen competition in any market. “Monopoly Power” is defined to mean “the ability of one or more sellers in a market to set non-competitive prices or restrict output without losing a substantial share of the market or to exclude others from any part of that market” (section 2 of the Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970). [click to continue…]

Void and Voidable Contracts under Pakistani Law
Prepared by the Pakistani Lawyers Team 2013

Main difference between void and voidable contracts and transactions

There is a clear distinction between things “void” and “voidable” though the two terms are not infrequently used without special regard for the difference or distinction particularly where such distinction is of no consequence or where the attention of the Court is not particularly directed to this distinction. The expression “void” in the strict or accurate sense means “absolutely null” that is to say incapable of ratification or confirmation and of no effect whatever. The word “voidable” on the other hand is something which could be avoided or confirmed and which is not absolutely void. In other words what is voidable has some force or effect, but which may be set aside or annulled for some error or inherent vice of defect. [click to continue…]

A Note on the Juvenile Justice System Ordinance-2002 and its efforts into implementing restorative justice for youth offenders
Prepared by the Pakistani Lawyers Team 2013

In a deliberate effort for law reform and rehabilitation of minors and juveniles arrested for petty and serious crimes, the government of Pakistan has in the past enacted a law for Juvenile delinquents. It can be seen then that the main thrust of the law is on restoration, and rehabilitation of teenagers who are booked under certain offences so that they can again become useful members of the community. Although deficient in certain critical areas, the Act incorporates several provisions that add to the protections afforded to children under domestic law. [click to continue…]

Brief commentary and cases in Coercion and Undue Influence

The Onus of proof for coercion and undue influence lies on the person alleging the same (P L D 2003 Karachi 405). Also, as far as the joint liabilities of the two guarantors are concerned, in the case of Pehalwan v. Manager 2002 CLD we see a good illustration of the inherent complications. The facts were that the Authorities as arrears of land revenue initiated the petitioner and one other person stood surety for the Bank loan received by the loanee and recovery of the loan. [click to continue…]

A short guide on Statutes and Pakistani Law Reports

Law Reports in Pakistan (which is a common law jurisdiction) contain the binding precedent, which needs to be followed by the courts. The Law Department of Ministry of Law & Parliamentary Affairs publishes these reports in a series of volumes. These publications cover post-partition period, i.e., from 1947 and also contain latest acts, ordinances and notifications. Revenue decisions are also published. There is also a more exhaustive private publication “The All Pakistan Legal Decisions” which contains reports of Supreme Court and High Court cases and from 1954 onwards have also contained latest acts, ordinances and notifications. There is also a private publication “Pakistan Tax Decisions” of revenue cases. [click to continue…]