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1. Under comapny act 2017 shall be high court having jurisdiction in place where registered office of the comapny situate. 2. Any other court shall have jurisdiction to entertain any other suit or proceeding in respect of any  matter which the court is empowered to determine by or under this act. 3. For the purpose of winding up the company writ petition will be  present where camapny office  during the one hundred and eighty days situated. 4. In each High court one or more benches on permanent basis known as company banch and constituted by chief justice of high court . 5. There shall be a registrar  to known as registrar of company banch , duly notified by the chief justice of respective high court who shall assisted by such other officers as may be assigned by chief justice of respective high court. 6. The Registrar of the campany banch shall perform all function assigned by under this act including all ministerial and admistrative business of comany bench. Such as receipt of

There are three different types of precedent.   original precedent is referred to the initial, new precedent to be set as there is no previous decision the judge to follow until that point of time. It means that there will be new set of the ratio decidendi to follow in the similar future cases. Normally, as there was no earlier decision to follow, the judge would give the reason by analogy. However, judges would try to look for the nearest cases to consult. As an example of an original precedent, there is a famous case Donoghue v. Stevenson (1932) which brought major development on negligence law. Although there was a concept of a duty of care within particular circumstances, generally between contractors, this case widened its application and the point of law as Lord Atkins made the precedent as known as the neighbor principle.   binding precedent refers where the present case has to follow the previous decision when there is a sufficient similarity of the facts in the later

The statements outside the ratio dicidendi are called the Obiter Dicta. As its meaning, the Obiter Dicta does not state the primary reasoning of the decision, therefore it is not binding for the future decisions. Although it is not a part of the precedent, some of the Obiter Dicta can be referred in the future case to make the certain view to the law more persuasive. In the case of Carlill v Carbolic Smoke Ball Co Ltd (1892), the obiter dicta would be ‘If I advertise to the world that my dog is lost, and that anybody who brings the dog to a particular place will be paid some money, are all the police or other persons whose business it is to find lost dogs to be expected to sit down and write me a note saying that they have accepted my proposal? Why, of course, they at once look [for] the dog, and as soon as they find the dog they have performed the condition.’ [1] The judge added this part to assist his view on the decision.

The ratio dicidendi means the reason for the decision. It literally means the main reason why judge has come to the decision. It would be the rule of law that governs the decision and, it is a general statement that does not involve particular details in each case. It is set for the precedent to apply in the future case decision. As an example of the ratio, in the case Donoghue v. Stevenson (1932), a client became ill after drinking spoiled ginger beer which was a dead snail in and sued the manufacturer, the ratio decidendi is to be the part that read ‘a person owes a duty of care to those who he can reasonably foresee will be affected by his actions. The ratio of Donoghue v. Stevenson (1932) subsequently brought major development to the law of negligence.

As the doctrine of precedent is an essential part of English legal system, knowing how it works is also undeniably important. Within the hierarchy of English courts structure, it is a general idea that in some cases are bound to follow previous decisions while some cases are not. The operation of the doctrine of pll9lprecedent is based on Stare Decisis which is a Latin term meaning that stand by the previous decision. The doctrine of precedent refers that the legal decisions made by judges in higher courts are remained as a precedent, so the decisions made by lower or equal courts in future are needed to be followed the earlier decision made in the higher courts. It is believed that the doctrine of precedent brings certainty to the English legal system. In each case, judges are to provide ju111dgments upon their decisions. This judgment has to provide two types of states. Which are the Ratio dicidendi and the Obiter dicta. The ratio dicidendi means the reason for the decision. I

Code of Criminal Procedure* on finger tips: 💨 *Criminal courts*- (sec 6-17) 💨 *Justice of peace* - ( sec 22,22-A,22- B,25) 💨 *Power of courts*- (28-41) Imp sec (30+34,31,32,33) 💨 *Aid to Mag & Police*- (42-45) 💨 *Arrest generally how made* (46-53) Imp sec 51 💨 *Arrest without warrant*(54-67) Imp sec (57,61,63,65) 💨 *Process to compel appearance and produce document* ( 68-74)(90-94) Imp sec (90,91,94) 💨 *Warrant of arrest* (75-86-A) 💨 *Proclamation and attachment* (87-89) 💨 *Search warrants* (96-105) Imp sec (98,100,103) 💨 *Wrongfully confined person/ Habeous Corpus* (100+491+552) 💨 *Security for keeping peace* (106-126-A) Imp sec (106,107,116,123) 💨 *Unlawful Assembly* (127-132-A) 💨 *Public Nuisance* (133-144) Imp sec (144) 💨 *Disputes to immovable property* (145-148) 💨 *Preventive action of police* (149-153) 💨 *FIR and power to investigate* (154-176) Imp sec (154,155,156,161,164,165,167,173,176) 💨 *Statements of witnesses* (164+364+533

How to Prepare and Pass CSS Exam سی ایس ایس کی تیاری کیسے  کریں امتحان زندہ انسانوں کا ہوتا ہے۔ زندہ انسانوں اور چلتے پھرتے سایوں میں فرق امتحان سے   ہی ہوتا ہے۔ قابل افراد ہمیشہ امتحانات کو ترقی کا زینہ سمجھتے ہیں ۔ امتحانات ہی قابلیت کے اظہار اور انسانیت کے وقار کا بہترین ذریعہ ہوتے ہیں۔ امتحان کی سطح چھوٹی ہو یا بڑی، کامیابی ان کے لیے ہی ہوتی ہے جو اس کی نفسیات کو سمجھتے، پس منظر اہداف کو جانتے  اور طریق کار کو پہچانتے ہیں۔ سی ایس ایس کا امتحان پاکستان کے مشکل امتحانات میں سےایک ضرور ہے لیکن سب سے مشکل نہیں ہے۔ جو فرد سی ایس ایس کے پس منظر اور پیش منظر سے واقف  ہے اور ممتحن Examiner  کی سوچ اور انداز فکر و نظر کو سمجھتا ہے   وہ فرد بہت ہی آسانی سے اس امتحان کو پاس کرے گا۔ اگر کوئی فرد اس امتحان کو سمسٹر سسٹم کے   روایتی فائنل Terminal امتحان کی طرح لے گا یعنی ایک کتاب پڑھی یا لیکچر سنا تو سمجھ  لیا کہ بس علم کے سارے خزانے میرے ہاتھ آگئے جبکہ  دوسری جانب حقیقت یہ ہو کہ اگر اس کتاب یا لیکچر پر تبصرہ کیا جائے، عبارت اور الفاظ و معانی کا تجزیہ کیا جائے تو قابل ذکر بات ہی نہ نکل سکے۔

سات براعظموں میں ایک برصغیر برصغیر قدیم تہذیبی اور ثقافتی علاقوں میں سے ایک ہے۔ بہت پرانی اقوام کی وراثت بھی موجود ہے۔ یہ اس بات کی بھی علامت ہے کہ قدرت نے اس خطے کو بے پناہ وسائل اور اموال سے مالا مال بھی کیا ہے۔ جغرافیائی اعتبار سے بھی اس کی اہمیت سے دنیا کی کوئی طاقت آنکھیں بند نہیں کرسکتی۔ اس لحاظ سے بھی یہ علاقہ بڑی بڑی سلطنتوں کا مالک رہا ہے۔ ایک خاندان کی حکومت صدی کی بادشاہت کہلاتی ہے۔ دنیا کو ملانے والے تمام  راستے بیچ میں سے گزرتے ہیں۔ دنیاکے ہر حکمران کی نظر برصغیر پر ضرور آئی ، کسی نے قدم بڑھائے اور قابض ہوا اور کوئی محض دور سے حسرت بھری نظروں سے دیکھتا رہا۔ جغرافیہ ، عمرانیات، نفسیات اور تاریخ کے ماہرین نے زمانہ قدیم سے دنیا کو ہفت اقالیم یعنی سات براعظموں میں تقسیم کیا ہوا ہے۔ ہر براعظم اپنی الگ شناخت اور حیثیت رکھتا ہے۔ لوگوں کے مزاج اور اطوار ہر چیز مختلف ہے۔ ان براعظموں میں یہ ایک برصغیر بھی ہے۔ یہ آپس میں جڑے ہوئے چند ممالک ہیں۔ آبادی  کی  مقدار اور معیار دونوں بلند ہیں ۔ آج پھر برصغیر دنیا کی نظروں میں ہے۔ روس اور امریکہ کی سرد جنگ کا آخری معرکہ بھی اسی علاقے می

FILING OF CASE: The Plaintiff files the case. This is done by dropping the entire case file (upcoming blog will give details of what a civil case file includes) into a petition box located in the district court premises.  Petition Box Islamabad District Courts- Photo Credit: Saman Mamoon Cases are then marked to be heard by a particular civil judge. The frequent terms you may hear in preparation of a case are: Vakalatnama: A document by which a person gives authority to a lawyer to represent them in court; a power of attorney in favour of a lawyer. There is a set format which lawyers use with minor variations. See sample Vakalatnamain English here, one in Urdu here, and one in Urdu for criminal cases here. Plaint, Plaintiff & Defendant: A Plaint is the written allegation submitted to the court. The person who files it is called the Plaintiff and against whom it is filed is called the Defendant. For example if a case title is, Ahmad Bilal (“AB”) v Chaudry Daud (“

Criminal prosecution develops in a series of stages, beginning with an arrest and ending at a point before, during or after trial. The majority of criminal cases terminate when a criminal defendant accepts a plea bargain offered by the prosecution. In a plea bargain, the defendant chooses to plead guilty before trial to the charged offenses, or to lesser charges in exchange for a more lenient sentence or the dismissal of related charges. Arrest Criminal prosecution typically begins with an arrest by a police officer. A police officer may arrest a person if (1) the officer observes the person committing a crime; (2) the officer has probable cause to believe that a crime has been committed by that person; or (3) the officer makes the arrest under the authority of a valid arrest warrant. After the arrest, the police books the suspect. When the police complete the booking process, they place the suspect in custody. If the suspect commited a minor offense, the policy may issue a citati

In criminal laws pakistan penal code , defines the offences and provides their punishments, while criminal procedure code, laid down the procedure for hearing, and punishing or acquitting an accused, as the case may be. The main object of criminal procedure code is thus to supplement the pakistan penal code, by rules of procedure with a view to prevent offences and bring offender to justice. The object of the code is clear from its preamble, the code intended to consolidate and ammend the laws relating to the criminal procedure. The purpose of criminal procedure code is to provide machinery for the punishment of offenders against the substantive criminal law embodied in pakistan penal code. It can be concluded that criminal procedure code is a procedural law and substantive law, describes the formation of criminal courts, its procedure as well as classification and powers of criminal courts. Code of Criminal Procedure 1898(CrPC) It is commonly known asCr.P.C. and it is the

According to company act 1984 there are following power of director. General power. The board is general entitled to exercise all power of the comapny for its efficient management. However there are  two limitation upon their power. 1 the board must exercise power in manner that is prescribed in ordinanace the article of comapny and special resulation. 2 the board is not exercise those power that are required to be exercise by shareholder in a general meeting.  2  Specific power 1 To make calls on shareholder in the respect of money unpaid on their share. 2 To issue the share. 3 To issue the debanture. 4 To borrow the money otherwise than on debanture. 5 To invest the funds of company. 6 To make loans. 7 To authorise director enter into contract with comapny to make sale purchase. 8 To approve annual or half yearly other periodical accounts. 9 To approve bonus to employees. 10 To undertake the obligation under leasing contracts exceesing one million rupèes. 11 To decl

There are following qualification of director. 1. A director must be natural person . A legal entity cannot be a director of comapany . 2. Should no be minor. 3. Should not be unsound mind. 4. Should not have applied to be adjudicated as an insolvent. 5. Should not be an undischarged insolvent. 6. Should not have been convicted by court of law of offence involving moral turpitude. 7. Should not have been debarred from holding such office under any provision of ordinance. 8. Should not have betrayed lack of fiduciary behaviour and declared by the court . 9. Should not be a perason who is not a member . 10. Should not be  a person  who has been declared by court of competant jurisdiction as defaulter in repayment of loan to financial institution . Apply only in listed comapny. 11. Should not be a person who is member of stock exchange engaged in the business  od brokerage . 12. Should be a person who before he becomes a director  files a declaration of his consent .

The 7 most common types of businesses: Sole Proprietorship: The simplest type of business. Sole proprietorships are owned by a single person and are very easy to set up. Partnership: A business owned by two or more people who share responsibilities and profits. Limited Partnership: A type of partnership with investors. General Partners run business operations, while Limited Partners provide investments. Corporation: A fully-independent business with shareholders. Requires a lot of work to set up. Limited Liability Company (LLC):A mixture of a partnership and a corporation, designed to make it easier to start small businesses. Nonprofit Organization: A business that uses its profits for charitable purposes. Can be tax-exempt. Cooperative (Co-op): A business owned and operated for the benefit of the members of the organization that use its services.

Sole Proprietorship A sole proprietorship is one of the most popular business structures, namely because it's one of the simplest and only requires a single person to create. In a nutshell, a sole proprietorship is a business that's owned and operated by just one person. The nice thing about a sole proprietorship is that you don't have to fill out any forms or go through any legal procedures to declare this type of business. Instead, just by owning a business on your own, a sole proprietorship is automatically associated with your new business. Keep in mind, however, that depending on your product or service (and your location), you may need to access a specific license or other documents. Sole proprietorships are the most common type of online business due to their simplicity. An important thing to note is that there isn't a legal or financial distinction between the business and the business owner, which means that you as the business owner are accountable for all

The winding up or liquidation of a company is the process by which a company’s assets are collected and sold in order to pay its debts. Any monies remaining after all debts, expenses and costs have been paid off are distributed amongst the shareholders of the company. When the winding up has been completed, the company is formally dissolved and it ceases to exist. Broadly speaking, a company can be wound up in one of two ways. First, the Court can compulsorily wind up a company. Secondly, the shareholders or the creditors of the company can themselves apply to wind up the company in proceedings known as “voluntary winding up”. ​ Compulsory Winding Up There are certain grounds upon which a company can be wound up compulsorily. A company’s inability to pay its debts is a common ground for presenting an originating summons for compulsory winding up. A company is deemed to be unable to pay its debts if: A creditor having a claim against the company for more than S$10,000.00 has se

Important Stages in the formation of a company The whole process of company formation can be divided into four stages as given below. Promotion of a Company Registration of a Company Certificate of Incorporation; and Commencement of the Business. 1. Promotion of a Company: A business enterprise does not come into existence on its own. It comes into existence as a result of the efforts of an individual or group of people or an institution. That is, it has to be promoted by some person or persons. The process of business promotion begins with the conceiving of an idea and ends when that idea is translated into action i.e., the establishment of the business enterprise and commencement of its business.  Who is  a Promoter in a Company? A successful promoter is a creator of wealth and an economic prophet. The person who is concerned with the promotion of business enterprise is known as the Promoter. He conceives the idea of starting a business and takes all the measures r

JURISDICTION OF COMPANY LAW BOARD Companies Act, 2013 introduced the National Company Law Tribunal (NCLT) to replace the existing Company Law Board. The intention behind establishing a new tribunal is to relieve the courts of the unnecessary burden and all the matters pending before the Company Law Board are to be transferred to the NCLT as per the Company Act, 2013. But the tribunal is yet not established and the Company Law Board is presiding over all the pending and fresh matters in relation to the company law. Company law Board was established vide Notification No. 364 dated 31st May, 1991. The procedures for filling the applications/petitions before the Company Law Board have been laid down under the “Company Law Board Regulations, 1991”. The powers and functions of Company Law Board are enumerated under Section 10E of the Company Act, 1956, wherein sub-section (4C) and (4D) lays down several matters upon which it enjoys the powers vested in a Court under the Code of Civil