INTRODUCTION:

We are a Law Firm which started practice 15 years ago in Peshawar the Capital of NWFP. Our expertise is almost in all the fields of law. Our firm represents Clients in lower Courts, Session Courts, High Courts of all the four Provinces and the Supreme Court of Pakistan. Our Clients include individuals accused of crimes, medium size and large firms as well as Multinational Companies.

 

We have to our credit cases which set new precedents in Higher Courts

 

 

1.         Criminal Practice. This practice is divided into two fields:-

 

a.      Bail Cases. Bail in Non-bailable offences normally starts from the court of Illaqa Judicial Magistrate. Incase of rejection, the next step is the court of Session Judge. Incase, rejection by Court of Session Judge, the next step is to approach to High Court and in case of rejection by the High Court, last and finally approach is to the Supreme Court of Pakistan.

 

b.      Trial Cases. In accordance with the schedule attached with the Criminal Procedure Code, trial of some of offences start in the Court of Judicial Magistrate. Trial for major offences start in the Court of Session/Additional Session Judge. After conviction of accused by the judicial Magistrate right of appeal is available to Session Judge and in case of conviction by Session Judge, right of Appeal is available in High Court and in some cases in the Supreme Court of Pakistan also.

 

 

2.      Civil Practice. Civil Procedure Code provide procedure for all the civil courts, starting from the Court of Civil Judge. Initially all civil cases are filed with the respective Senior Civil Judge and then he marks it to a subordinate Civil Judge for decision of civil rights in accordance with the   merits and on the basis of evidence produced by both the parties. The decision by the Civil Judge may be Appealed against with the District Judge and in some cases in the High Court and also in Supreme Court of Pakistan where the pecuniary jurisdiction exceeds Rs.10 lacs. When right of   Appeal is not available, application for Revision can be made against all the judgements/decision. Civil Courts normally entertains following suits of civil nature:-

 

a.         All kinds of declaratory suits

b.         Preemption suits

c.         Family cases established under Family Court Act 1964 with  amendment upto 2002.

d.         All kind of rent cases in Urban area to Civil Judge empowered as Rent Controller

e.         All kind of partitions cases with respect to commercial properties.

          f.          All kind of Succession cases, guardian cases

          g.         Permanent Injunction suits with temporary injunction suits  (stay matter)

          h.         All other civil matters which creates right.           

 

 

3.         Special Laws. In civil practice, there are Special Laws also which provides separate forum of Appeals. Some of these Special laws are:-

 

a.          Banking Courts. There are two courts established for the entire NWFP. The presiding officer is retired / serving Session Judge.Separate procedure is adopted in Finance Institution Ordinance 2001 to facilitate Banks as well as Customers. Against the decision of Judge Banking Court, right of Appeal is available in High Court and then in Supreme Court of Pakistan.

 

b.         Revenue Practice. Provides separate forum for agricultural land which is Assistant Collector of Ist/2nd Grades. There is right of   Appeal with the Collector, then with Commissioner and finally with the Board of Revenue. Relevant books Land Revenue Act and Tenancy Act etc.

 

c.                i.          Sales Tax Act 1990

                   ii.         Custom Act 1969

                   iii.       Federal Excise Act

           All these special laws provides separate adjudicating officers, whose decisions are appealable to Collector (Appeals), in Appellate Tribunal and in Reference in High Court on law points only, respectively, upto Supreme Court of Pakistan.

 

d.          Income Tax Ordinance.      This special law also provides separate Assessing Officers, whose decision/judgement are Appealable with Commissioner Appeals, and with Appellate Tribunal and in High Court in reference on law points only, respectively, upto Supreme Court of Pakistan.

 

e.        Labour laws. 
Industrial Relation Ordinance 2002 provides separate forum for the benefits of workmen etc for which a            presiding officer (serving Session Judge) is assigned. Judgement/decision is appealable in High Courts, upto Supreme Court of Pakistan.

 

f.        Service Tribunal.   
Provincial Government employees against any violation of service conditions including termination / dismissal from service, approach to the Service Tribunal NWFP, where a retired/serving Session Judge or retired judge of High Court is appointed as Chairman Service Tribunal. Others members also work under the Chairman Service Tribunal as Bench-1, Bench -II etc. Judgement/decision of Service Tribunal are appealable in Supreme Court of Pakistan.

 

g.       Accountability Courts. 
There are 4 accountability courts working in Peshawar whose judges are senior most Session Judges. These courts are established under NAB Ordinance 1999. Decision of Accountability courts are appealable in High Courts, upto Supreme Court of Pakistan.

 

h.       Anti-Terrorist Court.
A separate Session Judge is  working as Judge Anti-Terrorist Court established under Anti-Terrorism Act for speedy trials, whose decisions are appealable in High Court, upto Supreme Court of Pakistan.

 

i.        Special Judge Customs.
A serving Session Judge is appointed as Special Judge Custom for the prosecution of persons involved in smuggling in the Province. Whose judgement/decisions are appealable in High Court only, and leave to appeal lies to Supreme Court of Pakistan.

 

j.        Anti-Narcotics Laws.
These courts are established under Control of Narcotics Substance Act 1997 (CNSA) which provides separate procedure and punishments for person involved in Heroin, Opium, Charas etc. Decisions are  appealable in High Courts, upto Supreme Court of Pakistan.

 

k.       Family Courts. 
Civil Judges are empowered as Judge Family Courts under Family Court Act 1964 as amended upto 2002. It is mandatory to decide the cases within period of 6 months. In case not decided within stipulated period, either party may approach to High Court through an   application. The High court shall give direction to decide within period of 2 months. No appeal in certain cases lies against the judgement of Judge Family Court to the District Judge except in few cases, upto also lies to Supreme Court of Pakistan.

 

l.        Environmental Protection Tribunal.
A Tribunal for NWFP comprising of Chairman Environmental Tribunal under Environmental Protection Laws is functioning. The Chairman is a retired Judge of High Court with a member of Session Judge. Appeals against the said Tribunal lies to Supreme Court of Pakistan.

 

m.      Anti-Corruption Laws.
Provincial Employees Anti-corruption courts for provincial government servants are established which are in working. A serving Session Judge is working as Judge Anti Corruption Court. Appeal lies against his judgements to High Court, upto Supreme Court of Pakistan.

 

n.       Insurance Tribunal.
Insurance Tribunal for each district are working for the benefits of insured properties by the Insurance Companies. Respective Session Judges are empowered to act as Insurance Tribunals. Its decision are appealable to High Court, upto Supreme Court of Pakistan.

 

o.       Tribunal for Bank Offences.        
A Tribunal is working under Banks Offences upon complaints by the Banking Institution against Bank officials. A serving Session Judge is working as Judge for decisions in Banking offences. Appeal against such decision/judgement lies to High Court, upto Supreme Court of Pakistan.

 

p.       Drugs Courts.
Federal/Provincial Government has established Federal/Provincial Drug Courts for prevention of fake medicines,unlicensed drug stores, unqualified sellers, unlicensed manufacturing, sale of expired medicines etc. A Session Judge is working as Judge Drug Court. Appeal lies against the judgement of Judge Drug Court to the High Court, upto Supreme Court of Pakistan.

 

q.       Federal Ombudsman.
Hears cases of disputes regarding all kinds of utility bills, like electricity, sui-gas and telephones, etc. When any aggrieved person files an application, the Federal Ombudsman after investigation from the departments and agencies the decides the cases.

 

r.        Tax Ombudsman.
When a person feels aggrieved with the decision of the trial courts or income tax tribunals then Tax Ombudsman on application of the aggrieved party decides cases.

 

s.         Alternate Dispute Resolution, (ADR).   The Ministry of Finance has made a body ADR, where an aggrieved person who wishes to decides his case quickly, in fiscal, income tax and tax cases, the authority to hear Appeal against ADR again lies with normal Courts of Pakistan

 

 

4.         Immigration Appeals:-

 

a.       Visa Appeals (U.K. Only). Student Visa appeals are against decision of Entry Clearance Officer, UK High Commission. The Appeals are filed in Immigration Tribunal Court in UK. The decision of Tribunal can be appealed against in Session Courts UK. Session Court decision can be appealed against in Royal Court London, UK.