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Baask Education and Information Corner => Baask Technology => Topic started by: Mir Alihan on May 17, 2008, 08:53:03 PM

Title: ANY LEGAL QUESTION AND THIER ANSWES OR SOLUTION....
Post by: Mir Alihan on May 17, 2008, 08:53:03 PM: This topic has created/made for those who have any legal question of any nature civil, criminal , constitutional, human rights, family matters, rent , Mohammadan law, and so on and so forth. Ask without any an iota of hesitation......
Title: Re: ANY LEGAL QUESTION AND THIER ANSWES OR SOLUTION....
Post by: Perozai R!nd on May 17, 2008, 10:02:50 PM: Glad To See A Legal Adviser.. Thankx for Starting this wonderful Thread...
Title: Re: ANY LEGAL QUESTION AND THIER ANSWES OR SOLUTION....
Post by: Meeren-Bluch on May 18, 2008, 12:27:26 AM: Today just for a signature of a legal advicer (just one signature) they charge up to 20000 ... and 1000 for just appointement but we are lucky we are not paying any such charges and getting free solutions ..

Thanks alot dear
Title: Re: ANY LEGAL QUESTION AND THIER ANSWES OR SOLUTION....
Post by: Perozai R!nd on May 18, 2008, 11:23:09 AM: Rightly Said Meerin Jan... ALLAH e Shukr Int Maara ALLAH a Free Legal Advisor e Daata Baaskani Diwana...

Lets Start Who Will Be The One To Share His Or Her Problem With Our Great Zafar Jan.
Title: Re: ANY LEGAL QUESTION AND THIER ANSWES OR SOLUTION....
Post by: Mir Alihan on May 18, 2008, 09:14:41 PM: Only Nature is Great , we r only source of its Greatness..... Meeren Bluch u r right but when dogs bark then karwaan must not stop its journey...... thanks a million for ur mental approach dear Meeren Bluch.... this thread has not created for sharing of some one problems, u r wrong intoto.... legal problem does not mean sharing of an unreasonable problem , only legal matters can be asked...
Title: Re: ANY LEGAL QUESTION AND THIER ANSWES OR SOLUTION....
Post by: Zahida Raees Raji on August 04, 2008, 03:45:49 PM: Wajah :Zafar Jan: Assalam o alaikum,

Kindly share something about "Copy Rights law" and tell us where its applicable? and how one claim its voilation?

Thanks in advance.

With Regards,

Raji
Title: Re: ANY LEGAL QUESTION AND THIER ANSWES OR SOLUTION....
Post by: Mir Alihan on August 04, 2008, 04:46:43 PM: "Copy rights" means the exclusive right ,in case of a literary,dramatic or musical work ,to do and authorize the doing of any of the following acts,namely:-
(A) to reproduce the work in any material form,
(B) to publish the work
(C)to perform the work in public
(D) to produce ,reproduce, perform or publish any translation of the work;
(E)to use teh work in a cinematographic work or make a record in respect of the work;
(F) to broadcast the work or communicate to broadcast of the work to the public by a loudspeaker or any other similair instrument;
(G) to make any adaptation of the work;
(H) to do in relation to translation or an adaptation of the work any of the acts specified in relation to the work in sub-clauses(a) to(f).

In case of an artistic work,to do or authorize to the doing of any of the following acts,namely:-
(A) to reproduce the work in any material form;
(B) to publish the work;
(C) to use the work in a cinematographic work;
(D) to show the work in television;
(E) to make any adaptation of the work.

In the case of a cinematographic work,to do or authorize the doing of any of the following acts,namely:-
(A) to make a copy of the work;
(B) to cause the work insofar as it consists of visual images, to be seen in public and in so far as it consists of sounds ,to be heard in public;
(C) to make any record embodying the recording in any part of sound track associated with work by utilising such sound track;
(D) to broadcast the work.

In case of a record, to do or authorize the doing of any of the following acts by utilising the record, namely:-
(A) to make any other record embodying the same recording;
(B)to use the recording the sound track of teh cinematographic work etc.

Copy rights law applicable to those who infringe the copy right of some one and in case of infringement or voilation of copy right that person may be punished or fined under copy right ordinance/law. There is also laibilities /duties and rights of the owner of copy rights in the Ordinance.
""" I m busy at the moment, I will provide more and understandable information about the copy rights law and Intellectual property""""
Title: Re: ANY LEGAL QUESTION AND THIER ANSWES OR SOLUTION....
Post by: Zahida Raees Raji on August 04, 2008, 04:55:57 PM: Thank you so much wajah :Zafar Jan: for your prompt response.

Please take your time. I'll be awaiting for your further guidance.

Kind Regards,

ZR
Title: Re: ANY LEGAL QUESTION AND THIER ANSWES OR SOLUTION....
Post by: ~Mahrang~ on August 13, 2008, 04:42:11 AM: i will be glad 2 share my knowledge whith u as i am a small lawyer (student of law) last cours.

~Mahrang~Askani
Title: Re: ANY LEGAL QUESTION AND THIER ANSWES OR SOLUTION....
Post by: Aazat Baloch on August 13, 2008, 10:14:01 AM: aha tao barsha wala mahrang e :mrgreen:
Title: Re: ANY LEGAL QUESTION AND THIER ANSWES OR SOLUTION....
Post by: ~Mahrang~ on August 14, 2008, 03:18:54 AM: barsha ???
Title: Re: ANY LEGAL QUESTION AND THIER ANSWES OR SOLUTION....
Post by: Zahida Raees Raji on August 16, 2008, 03:40:26 PM: Quote from: ~Mahrang~Askani on August 13, 2008, 04:42:11 AM
i will be glad 2 share my knowledge whith u as i am a small lawyer (student of law) last cours.

~Mahrang~Askani

Its really very good to know about you :Mahrang:

Okay let me start asking you some issues:

Tell me in detail about the transfer of property ownership (In General, from father to three children, from brother to two sisters and from wife to husband?

Suppose there are three shareholders of the single property. How one can file a case on court to break the partnership of one shareholder?

What kind of document court will issue to dismiss partnership of any shareholder?
Is that document will be the final document of property ownership or one should go for further legal processes?

:Mr. Zafar: it would be more helpful if you too reply with details.

In advance I would like to pay thanks to both of you for your prompt answer.

With Regards,

Raji
Title: Re: ANY LEGAL QUESTION AND THIER ANSWES OR SOLUTION....
Post by: Mir Alihan on August 17, 2008, 01:06:36 PM: There are a lot of questions to be asked separatedly not in a general way about copyright, You can ask a specific question and it will be comfortable and convenient for me to give answer of that specific question ,because I have a lot of work/responsibilty to be finalised ,any way You people are free and have authority and power to ask any question of legal nature .

Subsistance of copy rights:
Under the copyright Ordinance, no person shall be entitled to copyright or any similar right in any, whether published or unpublished, otherwise than under and in accordance with the provision of the Ordinance, or of any other law for the timbeing in force, but nothing in the section.9, of the Ordinance shall be construed as abrogating any right or jurisdiction to restrain a breach of trust or confidence.

Copyright shall subsist throughout country in the following classes of works, that is to say (a) Original literary, dramatic, musical and artistic works (b) Cinematographic works and (c) records.

Copyrights shall not subsist in any work (other than the central Govt may, by notification in the official Gazette, declare that certain international organization as may be specified therein of which one or more sovereign powers to the Govt or Govt thereof are members) ,unless :-
(a)   in the case of published work, the work is published in Pakistan ,or where the work in first published outside Pakistan, the author is at the date of such publication, or in a case where the author was dead at that date, was at the time of his death ,a citizen of Pakistan or domiciled in Pakistan,(b) in the case of an unpublished work other than an architectural work of art, the author is at the date of making of the work a citizen of Pakistan or domiciled in paskistan;and (c)in the case of an architectural work of art ,the work is located in Pakistan.

Copyright shall also not subsist in any work referred to above -said as respects to its reprint, translation, adaptation or publication, by or under the authority of the Federal Govt as text Book for the purpose of teaching, study or research in educational institution.

Copyright shall not subsist:
(a)   in any cinematographic work, if a substantial part of the work, in an infringement of the copyright in any other work;
(b)    in any record made in respect of a literary, dramatic or musical work, if in making the record, copyright in such work has been infringed.

In case of an architectural work or art, copyright shall subsist only in the artistic character and design and shall not extend to the process or methods of construction.
Title: Re: ANY LEGAL QUESTION AND THIER ANSWES OR SOLUTION....
Post by: Mir Alihan on August 17, 2008, 01:21:28 PM: A father can transfer his any or whole property,(which property not mentioned by You Dear Raji,whether movable or immovable), through gift,whether movable or immovable, and that property can be transferred in the name of his children.There are three essentail ingredient of a gift (1)Offer/proposal of gift by donor(who gifts his property),(2) Acceptance of gift by donee(property is gifted to the person)and (3) Existence of property and delivery of possession of it,in Islamic law no deed is required, but in English or common law deed and registration of Gift-deed is sine que non,but the value of the property must be more then Rs.100/.
Dear Raji You have to clarify Your question about transfer pf property , which transfer of property whether inheritance or transfer of property in life time of a brother, wife or father or after death?
Title: Re: ANY LEGAL QUESTION AND THIER ANSWES OR SOLUTION....
Post by: Mir Alihan on August 17, 2008, 01:56:31 PM: There are,mainly,three types of partnership
(1) particular partnership or partnership for a certain and particular work(gain and loss),after completion of that specific work partnership automatically became exitinguished/terminated,

(2) partnership for an specific duration/time , after that specific duration partnership terminates(gain and loss) and
(3) partnership at will(gain and loss), in this type of partnership all partner are free to leave/break the partnership at any time , because it will be at will of each partner.There are two types of partner one is called active /working partner (who palys an active rule ,he may not invest capital )and other one is called dormant or sleeping partner(who only invest capital but not invloved in work)

The question of you,Dear Raji,is about ownership of a property or they all three are co-sharers(they called co-sharers not shareholders) of a property,this is simple any one can file a suit for partition of collective and undivided property or any one can sue against one another.One thing must be cleared there is no partnership of a property ,the partnership is only about/for labour,capital,technical assistance (all in principle of gain and loss).
The court will issue a decree followed by a judgment concerned with the matter in issue or in hand,if you are not satisfied ,then please clear and make precise but comprehensive your question.whether you are asking about partnership at/of work or share in property....Against the said decree and judgment an appeal can be preferrd/filed in the appellate court with in one month by the aggrieved party, after one month no appeal can be preferred/filed then the decree and judgment of the trial court is become final and binding ,after one month the appeal will be time-barred,but an application for condonation of delay can also be filed ,in case of acceptance of application of condonation of delay ,appeal can be heared and decided...
Title: Re: ANY LEGAL QUESTION AND THIER ANSWES OR SOLUTION....
Post by: Mir Alihan on August 17, 2008, 02:58:08 PM: washathke !Mahrang Askani ,for sharing your legal knowledge in this thread,you are a new comer ,I hope that you may be successful in your career or you may acheive your goals .Nature Bless You and Your surrondings, but you must believe in action not talk, believe in characters and attitudes not faces and verbal words....
Title: Re: ANY LEGAL QUESTION AND THIER ANSWES OR SOLUTION....
Post by: Zahida Raees Raji on August 17, 2008, 06:23:36 PM: Thanks Mr. Zafar for your response.

Before discussing about copy right issue (that is my concern to protect my stuff) I would like to discuss more specifically the urgent issue of one of my friend.
(With her permission I am discussing here)

It could be much better to directly consult a lawyer instead of posting here but as you know nothing is possible without money. Even then there is no any surety to get desired results after spending money.

(If you know any reliable legal adviser in Karachi who works voluntary please provide his contact number.)

~~~~~~~~~~~~~`

My friend is two sisters and one brother. Her mom personally gave heavy gold, price bonds and useful stuff to her all three children for their future wedding dowry.

After death of her mother the house in which they are living auto transferred to their father name because it was the dowry of her mother.

When her father came to know about the uncertainty of his life (he was suffering in last stages of his bone cancer) he transferred the same House to his children name along with this he transferred four hundred thousand rupees from his bank account to his children’s saving accounts means one hundred thousand in each daughter’s account and 2 hundred thousand in son’s account.

After the death of their parent, brother requested to his sisters to financially support him for the establishment of his new business. He verbally committed to return back each and everything at the time of sister’s wedding. Both sisters became fool and gave their hundred percent dowries to his brother. At the time of my friends wedding she had nothing in gold to wear on her wedding day.
After marriage she stayed at her parent house with his hubby for the sake of her young sister.
Brother was involved in some illegal activities so created lots of problems for his young sisters. With the help of neighbors sisters filed a case to exclude his brother name from house’s ownership. They won the case and court issued a document having information about excluding brother’s ownership. (The case is 8 years old)

Because both sisters are unaware about legal procedures so my friend gave all house related documents to his hubby. He had to create a single document of house’s ownership on name of both sisters but after eight years the issue is still pending.

Now my friend’s hubby wants power of attorney of house as well as the inherited property of their father but he is not enough reliable.

In glance of above mentioned real scenario what solution you provide them at least to protect their house.

Thanks in advance.

P.S. You are not the only person who is stuck in his tough schedule.
Title: Re: ANY LEGAL QUESTION AND THIER ANSWES OR SOLUTION....
Post by: ღ° NaZgOl ღ on August 18, 2008, 01:25:17 AM: interestin
i'll THINK of studying law :D
IMMPOSSIBLE... :P

ok sis i was wondering (( even though mana kaar ne )) bale ani loog kay namay ???
her hubby ?? or the 2 sis's ??

((does ny one advice me 2 study law ?? ))

NaZgOl aSkAnI
Title: Re: ANY LEGAL QUESTION AND THIER ANSWES OR SOLUTION....
Post by: Mir Alihan on August 18, 2008, 01:11:38 PM: If the court has issued/ordered the exclusion of the name of her brother in the documents of the property in dispute, then the said order of the competent court was not executed by the sisters of your friend, if not then why ,what were the impediments before them??? what are the contents of that order of the court or directions of the court are what???

whenever a court is passed an order or decree ,it has to be executed within six years from its passing date,if any sufficient cause/ground is shown then its execution can be done after six years too.
Title: Re: ANY LEGAL QUESTION AND THIER ANSWES OR SOLUTION....
Post by: Mir Alihan on August 18, 2008, 01:17:53 PM: At present time ,the documents are in the name of whom??? There is no need of giving power of attorney to an unrliable person, they have to make a person their attorney as reliable for them.
Title: Re: ANY LEGAL QUESTION AND THIER ANSWES OR SOLUTION....
Post by: Mir Alihan on August 18, 2008, 01:26:03 PM: They have to take possession of documents of property from the said hubby,if he denies to do so then they have legal and constitutional right to sue against him for obtaining/recovery of documents,when documents recoverd from the said hubby,they have to go for process of transfering or making a single document of property of their ownership throgh themselves or by special attorney.
Title: Re: ANY LEGAL QUESTION AND THIER ANSWES OR SOLUTION....
Post by: Zahida Raees Raji on August 18, 2008, 01:32:51 PM: Quote from: zafar jan on August 18, 2008, 01:17:53 PM
At present time ,the documents are in the name of whom??? There is no need of giving power of attorney to an unrliable person, they have to make a person their attorney as reliable for them.

They don’t have reliable relatives. After death of their parents everybody left them alone. In that situation she had taken decision of marriage with an illiterate person of his father's age group.

At the moment I am the only person to whom they can trust blindly but I don’t want to take any power of attorney. That’s why I would like to educate them enough about their property issue.
Title: Re: ANY LEGAL QUESTION AND THIER ANSWES OR SOLUTION....
Post by: Mir Alihan on August 18, 2008, 01:42:07 PM: Is not there any person you have trust on him/her? If yes then why not you make him/her special attorney for them for the only purpose of clearing/solving the said issue.
Title: Re: ANY LEGAL QUESTION AND THIER ANSWES OR SOLUTION....
Post by: Zahida Raees Raji on August 18, 2008, 01:42:51 PM: Quote from: zafar jan on August 18, 2008, 01:42:07 PM
Is not there any person you have trust on him/her? If yes then why not you make him/her special attorney for them for the only purpose of clearing/solving the said issue.
No one.
Title: Re: ANY LEGAL QUESTION AND THIER ANSWES OR SOLUTION....
Post by: Mir Alihan on August 18, 2008, 01:51:01 PM: Then the situatioin is very critical and cumbersome........
Title: Re: ANY LEGAL QUESTION AND THIER ANSWES OR SOLUTION....
Post by: Mir Alihan on August 18, 2008, 02:00:23 PM: In Karachi ,there is a women Resource centre namely"SHIRKAT GAH",Bangalow#2,parin Lodge,Bath Island Road,p.o.Box.1371 karachi-75530,pakistan
Tel:-0215379211,5824320,5831140.
Fax No.0215830563.
Email:-parveen@khi.sgah.org.pk.
web:-www.shirkatgah.org.
you can contact there for the said matter,my brother Siraj Bashir is also working in the said Resource Centre as a Reasearch Officer, because there is no other option left,as you mentioned the situation of the said victims of their plight.
http://www.shirkatgah.org/index.htm
Title: Re: ANY LEGAL QUESTION AND THIER ANSWES OR SOLUTION....
Post by: Zahida Raees Raji on August 18, 2008, 02:21:07 PM: Quote from: zafar jan on August 18, 2008, 02:00:23 PM
In Karachi ,there is a women Resource centre namely"SHIRKAT GAH",Bangalow#2,parin Lodge,Bath Island Road,p.o.Box.1371 karachi-75530,pakistan
Tel:-0215379211,5824320,5831140.
Fax No.0215830563.
Email:-parveen@khi.sgah.org.pk.
web:-www.shirkatgah.org.
you can contact there for the said matter,my brother Siraj Bashir is also working in the said Resource Centre as a Reasearch Officer, because there is no other option left,as you mentioned the situation of the said victims of their plight.
http://www.shirkatgah.org/index.htm

Thank you so much for your kind support and providing the details about “SHIRKAT GAH”.
Is that enough to directly contact “SHIRKAT GAH” without any reference or we should use your brother’s reference for prompt response?
Title: Re: ANY LEGAL QUESTION AND THIER ANSWES OR SOLUTION....
Post by: Mir Alihan on August 18, 2008, 02:22:51 PM: There is a lawyer in"SHIRKAT GAH" his name is Shahrak,you can contact him,through my brother .... he may deal with the said matter officially or through personal dealing ....
Title: Re: ANY LEGAL QUESTION AND THIER ANSWES OR SOLUTION....
Post by: Zahida Raees Raji on August 18, 2008, 02:31:38 PM: Quote from: zafar jan on August 18, 2008, 02:22:51 PM
There is a lawyer in"SHIRKAT GAH" his name is Shahrak,you can contact him,through my brother .... he may deal with the said matter officially or through personal dealing ....

inshaAllah they will contact him as soon. In case of further assistance I'll disturb you again.
In the mean time on behlaf of them I would like to pay you their thanks.

Regards
Raji
Title: Re: ANY LEGAL QUESTION AND THIER ANSWES OR SOLUTION....
Post by: Sassi of Kech on August 18, 2008, 09:42:43 PM: Habbbbbay!!! lala Zafar Jan tara mazaneeen tahanmbol e k kanthen..... :hehe:
Title: Re: ANY LEGAL QUESTION AND THIER ANSWES OR SOLUTION....
Post by: Zahida Raees Raji on August 18, 2008, 09:57:09 PM: Quote from: nazgol on August 18, 2008, 01:25:17 AM
interesting

i'll THINK of studying law :D
IMMPOSSIBLE... :P

ok sis i was wondering (( even though mana kaar ne )) bale ani loog kay namay ???
her hubby ?? or the 2 sis's ??

((does ny one advice me 2 study law ?? ))

NaZgOl aSkAnI

Dear sister :Nazgul: never consider :intrusting: if someone is discussing very serious issue. It must be fun for you but very hurting for others.

To open this topic on open forum is just because we want to educate our baasks about legal issues and their solutions too.
You are mashaAllah sensible and your this elder sis never expects this behavior from you.

About your career guidance in law I think brother Zafar will give you better idea.
Title: Re: ANY LEGAL QUESTION AND THIER ANSWES OR SOLUTION....
Post by: Meeren-Bluch on August 18, 2008, 11:42:23 PM: I thinking word INTERESTING was for different laws which zafar jan was talking about not for the case ....
When i was reading this post i was getting interested as well
So i think no body should feel some thing bad

E|
Title: Re: ANY LEGAL QUESTION AND THIER ANSWES OR SOLUTION....
Post by: ღ° NaZgOl ღ on August 19, 2008, 02:09:22 AM: Quote from: Zahida Raees Raji on August 18, 2008, 09:57:09 PM
Quote from: nazgol on August 18, 2008, 01:25:17 AM
interesting

i'll THINK of studying law :D
IMMPOSSIBLE... :P

ok sis i was wondering (( even though mana kaar ne )) bale ani loog kay namay ???
her hubby ?? or the 2 sis's ??

((does ny one advice me 2 study law ?? ))

NaZgOl aSkAnI

Dear sister :Nazgul: never consider :intrusting: if someone is discussing very serious issue. It must be fun for you but very hurting for others.

To open this topic on open forum is just because we want to educate our baasks about legal issues and their solutions too.
You are mashaAllah sensible and your this elder sis never expects this behavior from you.

About your career guidance in law I think brother Zafar will give you better idea.

im very sorry sis...
i must'nt hav been silly @ serious tyms but i did'nt mean it sis
im very sorry

as bro meraan said...i was actually interested in law as such the copyright stuff and others 2 bcoz i use those words without actually knowing the inner(law) meanin of it

and wished @ d moment 2 study law to help dem but im ashamed of nt havin sufficient knowledge 2 do so
im very sorry but i didnt mean 2 hurt anyone and i'll mk sure never 2 repeat it

i talked 2 my sis bout d case..she was very buzy so told me 2 ask u...
the property is in whose name ((this was the actual cause of my reply ))

ur sis
nazgol :(
Title: Re: ANY LEGAL QUESTION AND THIER ANSWES OR SOLUTION....
Post by: ~Mahrang~ on August 19, 2008, 04:23:50 AM: salam alikom sis zahida,,
first of all , i am sory 4being late as i was busy,,& bro zafar left no issue mashallah i think he is legal advisor or lawyer.

after reading the posts just want 2 know
in whos name is the property??

if the sisters own the property ther is nothing the hubby can do as long as they have the documents as evidence,,

and if the hubby own's the property then they can not recapture their property except if they prove forgery or some think like that..

finally i advice them to delegate a civil law specialist even if they need 2 spend money on that
bcoz whithout a lawyer ..even simple cases r lost.

~Mahrang~Askani
Title: Re: ANY LEGAL QUESTION AND THIER ANSWES OR SOLUTION....
Post by: Zahida Raees Raji on August 19, 2008, 09:13:08 AM: Quote from: ~Mahrang~Askani on August 19, 2008, 04:23:50 AM
salam alikom sis zahida,,
first of all , i am sory 4being late as i was busy,,& bro zafar left no issue mashallah i think he is legal advisor or lawyer.

after reading the posts just want 2 know
in whos name is the property??

if the sisters own the property ther is nothing the hubby can do as long as they have the documents as evidence,,

and if the hubby own's the property then they can not recapture their property except if they prove forgery or some think like that..

finally i advice them to delegate a civil law specialist even if they need 2 spend money on that
bcoz whithout a lawyer ..even simple cases r lost.

~Mahrang~Askani

Dear Sister Mahrang:
Walaikum Assalam,

Still property documents are on all three brother and sisters name.
But there is a letter issued from court to exclude their brother’s name from property document. At that time Court ordered to go to registrar office (as per their saying) to transfer original property documents on both sisters name only.
For this purpose my friend gave all related documents to his hubby. He delayed that process intentionally. He feels, himself owner of their property. He is playing v. harmful game and it may insecure lives of sisters.
I am sure Brother Zafar’s provided information and “Shirkat Gah” will be helpful for them. (InshaAllah)

Quote from: ~Mahrang~Askani on August 19, 2008, 04:23:50 AM
finally i advice them to delegate a civil law specialist even if they need 2 spend money on that
bcoz whithout a lawyer ..even simple cases r lost.

~Mahrang~Askani

:Mahrang Jan: You are right they should have consult with a civil law specialist.
But can you imagine they hired a civil lawyer for years and years to resolve their legal queries but nothing happened in their favor. (kul balochaniigaa “khwaar buttagan’ )
Cost of law specialist is too much and in Pakistan nothing is reliable.
Let c what happened in “Shirkat Gah” and how much they support to resolve this issue.
Title: Re: ANY LEGAL QUESTION AND THIER ANSWES OR SOLUTION....
Post by: Mir Alihan on August 20, 2008, 12:03:37 AM: Quote from: Sassi of Kech on August 18, 2008, 09:42:43 PM
Habbbbbay!!! lala Zafar Jan tara mazaneeen tahanmbol e k kanthen..... :hehe:

sassi k cha bampoora athk kanth o thambole beeth, goda nu yak methag wala jahaana(global village) yak mardhome yak dhege mardhome eh help ah koth nakanth ,hesh chon booth kanth!!! ,wa de wa thara shar shabaash ent nake pa gandhag.....Tho ssasi ni eh mana eh shar gendhaga keeth k tho yak doze eh.... doz sathar dozi bekanth bale tha kadh hai maath peeg pacheeth.....shabash and thanks dear catalyst!!!!!!!!!!!!
Title: Re: ANY LEGAL QUESTION AND THIER ANSWES OR SOLUTION....
Post by: Digital Walk on July 18, 2009, 08:14:19 PM: Salam ZAMMAAZ jan.

Nice nick by the way. what does that mean by the way though i heard this "word"??

Back to the topic:
I am a web/software developer, basically a computer science Final student. I have almost gone professional now.
Can i use this term "Copyright [Year] [My OR my company name]" on the software that I developed and can i use Trade mark (tm) symbol on name or emblem used in that product, assume that i haven't patented or registered my product yet. i also want to know about the cost of registering a company name (sole proprietorship). is it just one time registration or annually recurring one?

Thanks in advance dear.
Title: Re: ANY LEGAL QUESTION AND THIER ANSWES OR SOLUTION....
Post by: Mir Alihan on July 28, 2009, 05:08:40 PM: The Copyright Ordinance, 1962

REGISTRATION OF COPYRIGHT

Section:38. Register of Copyrights, indexes form and inspection of Register.

(1) The Registrar shall keep at the Copyright Office a register in the prescribed form to be called the Register of Copyrights in which shall be entered the names or titles of works and the names and addresses of authors, publishers and owners of copyright and such other particulars as may be prescribed.

(2) The Registrar shall also keep such indexes of the Register of Copyrights as may be prescribed.

(3) The Register of Copyrights and the indexes thereof kept under this section shall at all reasonable times be open to inspection, and any person shall be entitled to take copies of, or make extracts from, any such register or index on payment of such fee and subject to such conditions as may be prescribed.

39. Registration of copyrights :-

(1) The author or publisher of, or the owner of or other person interested in the copyright in, any work may make an application in the prescribed form accompanied by the prescribed fee to the Registrar for entering particulars of the work in the Register of Copyrights.

(2) On receipt of an application in respect of any work under subsection (1), the Registrar shall enter the particulars of the work in the Register of Copyrights and issue a certificate of such registration to the applicant unless, for reason to be recorded in writing, he considers that such entry should not be made in respect of any work.

40. Registration of assignments, etc., of copyrights.

(1) Any person interested in the grant of an interest in a copyright, either by assignment or license, may make an application in the prescribed form, accompanied by the prescribed fee, the original instrument of such grant and a certified copy thereof, to the Registrar for entering the particulars of the grant in the Register of Copyrights.

(2) On receipt of an application in respect of any work under sub-section (1), the Registrar shall, after holding such inquiry as he deems fit, enter the particulars of the grant in the Register of Copyrights unless, for reasons to be recorded in writing, he considers that such entry should not be made in respect of any grant.

(3) The certified copy of the grant shall be retained at the Copyright Office and the original shall be returned to the person depositing it, with a certificate of registration endorsed thereon or affixed thereto.

41. Correction of entries in the Register of Copyrights and indexes, etc.

(1) The Registrar may in the prescribed cases and subject to the prescribed conditions, amend or alter the Register of Copyrights and the indexes by-

(a) correcting any error in any name, address or particulars ; or

(b) correcting any other error which may have arisen therein by accidental slip or omission.

(2) The Board, on application of the Registrar or of any person aggrieved, may order the rectification of the Register of Copyrights by-

(a) the making of any entry wrongly omitted to be made in the Register, or

(b) the expunging of any entry wrongly made in or, remaining on, the Register, or

(c) the correction of any error or defect in the Register.

42. Register of Copyrights to be prima facie evidence of particulars entered therein.

(1) The Register of Copyrights and the indexes shall be prima facie evidence of the particulars entered therein and documents purporting to be copies of any entry therein or extracts therefrom certified by the Registrar and sealed with the seal of the Copyright Office shall be admissible in evidence in all courts without further proof of production of the original.

(2) A certificate of registration of copyright in a work shall be prima facie evidence that copyright subsists in the work and that the person shown in the certificate as the owner of the copyright is the owner of such copyright.

CHAPTER IX

COPYRIGHT OFFICE, REGISTRAR OF COPYRIGHT AND COPYRIGHT BOARD

43. Copyright Office.

(1) There shall be established for the purposes of this Ordinance an office to be called the Copyright Office.

(2) The Copyright Office shall be under the immediate control of the Registrar of Copyrights who shall act under the superintendence and direction of the Central Government.

(3) The Copyright Office shall have a seal the impression whereof shall be judicially noticed.

43 A. Branch of Copyright Office.

(1) There shall be established for the purpose of facilitating the registration of copyrights, a Branch of the Copyright Office at such place in Pakistan as the Registrar may, with the approval of the Federal Government, determine.

(2) The Branch Office shall discharge such functions of the Copyright Office as may be notified by the Registrar from time to time.

44. Registrar and Deputy Registrars of Copyrights.

(1) The Central Government shall, for the purposes of this Ordinance, appoint a Registrar of Copyrights and may appoint one or more Deputy Registrars of Copyrights.

(2) The Registrar shall,-

(i) sign all entries made in the Register of Copyrights kept under this Ordinance;

(ii) sign all certificates of registration of copyrights and certified copies under the seal of the Copyright Office;

(iii) exercise the powers conferred and perform the duties imposed upon him by or under this Ordinance;

(iv) be the Secretary of the Copyright Board; and

(v) shall perform such other functions as may be prescribed.

(3) A Deputy Registrar of Copyrights shall discharge, under the superintendence and direction of the Registrar, such functions of the Registrar under this Ordinance as the Registrar may, from time to time, assign to him.

(4) The Registrar may, with the approval of the Federal Government, assign any particular functions of the Registrar under this Ordinance to officers other than the Deputy Registrar of Copyrights.

45. Copyright Board.

(1) The Central Government shall constitute a Board to be called the Copyright Board consisting of the following members, namely,-

(i) a Chairman appointed by the Central Government;

(ii) not less than three and not more than five other members appointed by the Central Government after consultation with the representative bodies of authors, publishers, cinematograph industry and any other interest relating to copyright:

Provided that adequate representation on the Board shall, as far as possible, be given to the resident of each Province; and

(iii) the Registrar, ex-officio.

(2) The members, including the Chairman of the Board, other than the ex-offico member, shall hold office for such period and on such terms and conditions as may be prescribed.

(3) The Chairman shall be a person who is, or has been a Judge of a High Court, or is qualified for appointment as such Judge.

46. Powers and procedure of the Board.

(1) The Board shall subject to any rules that may be made under this Ordinance, have power to regulate its own procedure, including the fixing of places and times of its sittings.

(2) If there is a difference of opinion among the members of the Board in respect of any matter coming before it for decision under this Ordinance, the opinion of the majority shall prevail:

Provided that where there is no such majority the opinion of the Chairman shall prevail.

(3) The Board may authorize any of its members to exercise any of its powers under section 78 and any order made or act done in exercise of any such power by the member so authorized shall be deemed to be the order or act, as the case may be, of the Board.

(4) No act done or proceeding taken by the Board under this Ordinance shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of the Board.

(5) The Board shall be deemed to be a civil court for the purposes of sections 480 and 482 of the Code of Criminal Procedure, 1898, and all proceedings before the Board shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of Pakistan Penal Code.

(6) No member of the Board shall take part in any proceedings before the Board in respect of any matter in which he has a personal interest.

INFRINGEMENT OF COPYRIGHT

56. When copyright infringed.

Copyright in a work shall be deemed to be infringed-

(a) when any person without the consent of the owner of the copyright or without a license granted by such owner or the Registrar under this Ordinance or in contravention of the conditions of a license so granted or of any condition imposed by a competent authority under this Ordinance,-

(i) does anything the exclusive right to do which is by this Ordinance conferred upon the owner of the copyright; or

(ii) permits for profit any place to be used for the performance of the work in public where such performance constitutes an infringement of the copyright in the work unless he was not aware and had no reasonable ground for suspecting, that such performance would be an infringement of copyright, or

(b) when any person-

(i) makes for sale or hire or sells or lets for hire, or by way of trade displays or offers for sale or hire, or

(ii) distributes either for the purpose of trade to such an extent as to affect prejudicially the owner of the copyright, or

(iii) by way of trade exhibits in public, or

(iv) imports into Pakistan, any infringing copies of the work.

Explanation.- For the purposes of this section, the reproduction of a literary, dramatic, musical or artistic work in the form of a cinematographic work shall be deemed to be an "infringing copy".

57. Certain acts not to be infringement of copyright.

(1) The following acts shall not constitute an infringement of copyright, namely:-

(a) a fair dealing with a literary, dramatic, musical or artistic work for the purpose of-

(i) research or private study;

(ii) criticism or review, whether of that work or of any other work;

(b) a fair dealing with a literary, dramatic, musical or artistic work for the purpose of reporting current events-

(i) in a newspaper, magazine or similar periodical, or

(ii) by broadcast or in a cinematographic work or by means of photographs;

(c) the reproduction of a literary, dramatic, musical or artistic work for the propose of a judicial proceeding or for the purpose of a report of a judicial proceeding;

(d) the publication in a newspaper of a report of an address of political nature delivered at a public meeting unless the report is prohibited by conspicuous written or printed notice affixed before and maintained during the lecture at or about the main entrance of the building in which the lecture is given and, except whilst the building is being used for public worship, in a position near the lecture; but nothing in this clause shall affect the provisions as to newspaper summaries;

(e) the reproduction of any literary, dramatic, or musical work in the certified copy made or supplied in accordance with any law for the time being in force;

(f) the reading or recitation in public of any reasonable extract from a published literary or dramatic work;

(g) the publication in a collection, mainly composed of non-copyright matter, bona fide intended for the use of educational institutions and so described in the title and in any advertisement issued by or on behalf of the publisher, of short passages from published, literary or dramatic works, not themselves published for the use of educational institutions, in which copyright subsists:

Provided that not more than two such passages from works of the same author are published by the same publisher during any period of five years;

Explanation.- In the case of a work of joint authorship references in this clause to passages from works shall include references to passages from works by any one or more of those authors in collaboration with any other person;

(h) the reproduction or adaptation of a literary, dramatic, musical or artistic work-

(i) in the course and for the sole purpose of instruction whether at an educational institution or elsewhere where the reproduction or adaptation is made by a teacher or a pupil otherwise than by the use of a painting process; or

(ii) as part of the questions to be answered in an examination; or

(iii) in answers to such questions;

(I) the performance, in the course of the activities of an educational institution, of a literary dramatic or musical work by the staff and students of the institution, or of a cinematographic work or a record, if the audience is limited to such staff and students, the parents and guardians of the students and persons directly connected with the activities of the institution;

(J) the making of records in respect of any literary, dramatic or musical work, if-

(i) records recording the work have previously been made by or with the license or consent of, the owner of the copyright in the work; and

(ii) the person making the records has given the prescribed notice of his intention to make the records, and has paid in the prescribed manner to the owner of the copyright in the work royalties in respect of all such records to be made by him, at the rate fixed by the Board in this behalf:

Provided that in making the records such person shall not make any alterations in, or omissions from, the work, unless records recording the work subject to similar alterations and omissions have been previously made by, or with the licence or consent of the owner of the copyright, or unless such alterations and omissions are reasonably necessary for the adaptation of the work to the records in question;

(k) the causing of a recording embodied in a record to be heard in public utilizing the record,-

(i) at any premises where persons reside, as part of the amenities provided exclusively or mainly for residents therein, or

(ii) as part of the activities of a club, society or other organization which is not established or conducted for profit ;

(L) the performance of a literary, dramatic or musical work by an amateur club or society, if the performance is given to a non-paying audience, or for the benefit of a religious, charitable or educational institution;

(m) the reproduction in a newspaper, magazine or other periodical of an article on current economic, political, social
Title: Re: ANY LEGAL QUESTION AND THIER ANSWES OR SOLUTION....
Post by: Zahida Raees Raji on August 04, 2009, 08:40:34 AM: Deyr aayad drust aayed :)

Thank u so much dear brother for this detail information about COPY RIGHTS. I was awaiting for this since long time.
Title: Re: ANY LEGAL QUESTION AND THIER ANSWES OR SOLUTION....
Post by: Mir Alihan on August 13, 2009, 06:31:20 PM: Minatwaran ....you are welcome [durdanagen-gohaar]
Title: Re: ANY LEGAL QUESTION AND THIER ANSWES OR SOLUTION....
Post by: Jadain kareem جدین کریم on October 01, 2009, 09:21:26 AM: Bebi ........ mahrang a ra sad salam ....................... keh hae a wathi granbahaeen teimb darkutha o a Bask ey Forum a che makhlook a free legal Add dya ga ent ... hae a ey juhd satta karzi .....
Mann wath yak wakeeleya o karachi a o mann karr kana ga haaan hallaa k maraa ey loteithagath k maa baloch makhlook ey kumaak a bikaneen balley marra ey hemath nabooth na waqth of pass naraseeth . hair ey ballaahein karrey bebi a dastha kutha....... maye neekein wahag bebi ey guma anth .............................
Title: Re: ANY LEGAL QUESTION AND THIER ANSWES OR SOLUTION....
Post by: Zahida Raees Raji on October 01, 2009, 10:22:28 AM: Quote from: jadainkarim on October 01, 2009, 09:21:26 AM
Bebi ........ mahrang a ra sad salam ....................... keh hae a wathi granbahaeen teimb darkutha o a Bask ey Forum a che makhlook a free legal Add dya ga ent ... hae a ey juhd satta karzi .....
Mann wath yak wakeeleya o karachi a o mann karr kana ga haaan hallaa k maraa ey loteithagath k maa baloch makhlook ey kumaak a bikaneen balley marra ey hemath nabooth na waqth of pass naraseeth . hair ey ballaahein karrey bebi a dastha kutha....... maye neekein wahag bebi ey guma anth .............................

Salam wajah:

shome edaa rad geptage. ey kaar e bungeyj kanouk o deyma barouk braat Zafar Rind en' nah keh gohaar Mahrang.
aahiye komak o sar o soujanii ma hamencho sita bekane kammen'

goun neiken wahagan'

wati raaj e heyr loutuk
Title: Re: ANY LEGAL QUESTION AND THIER ANSWES OR SOLUTION....
Post by: Jadain kareem جدین کریم on October 01, 2009, 02:14:56 PM: shumay minatwar ke shuma ra rast kuth ......................
Mann poh nabutha gura balkin mann samjhey ey mahrang ent ...........
khair arkasint .............. ey juhd wa ya granbahei'n juhd ey shumay ey site cha ey diga
site a che doldar of update thir ent ................... shumay minatwar k shumay mara ey Qoum
teimb dya ga ey minatwar................
Title: Re: ANY LEGAL QUESTION AND THIER ANSWES OR SOLUTION....
Post by: Perozai R!nd on October 01, 2009, 06:33:55 PM: and what if someboady asks an illegal question??lol
just joking.. by the way good work goes here. keep it up wakeel sahiban
Title: Re: ANY LEGAL QUESTION AND THIER ANSWES OR SOLUTION....
Post by: ~Mahrang~ on October 08, 2009, 04:28:56 AM: salam..

man hech nakotha ma wath yak nok sekya anga thak pakye wakeel nya demthra byaa hama wahdaa zaror shomara help kana inshaAllah

Shome-kaster
Title: Re: ANY LEGAL QUESTION AND THIER ANSWES OR SOLUTION....
Post by: Zahida Raees Raji on December 23, 2009, 08:53:42 PM: Salam braat,
yak jostey hast.

anchush shoma ham zaane keh diwwan e sara net e awali balochi douchanii exhibitionist buttag o may baask o ey degaa non baask baazen brat o goharan' ishiye taha bahar zurtagat.
http://baask.com/diwwan/index.php?topic=3738

ey durah aks yak zahmatiye sara mardoman geptagat o man pah zahmat e sara shar kotagat o diwwan e sara sheng kotagat.
http://baask.com/diwwan/index.php?action=mgallery;sa=album;id=14
bale net e sara annugaan yak balochi site e jouR buttag o aahan 100% ey durah aks copy kotagat o wati tag jatagant.
http://www.voiceofbaloch.org/Balochi_doch/Baloch_Duch.htm

maara aksanii zourag e sara hech objection neyst (pameshkaa baazen mahtaakani tooka ham man baask e douchani designs an' gendagayan' baaz shaan e sara duzzetag o sheng kotaget :) ) bale baask e jagayaa wati jind e naam e lechchenag e sara aatman mana objection hast parcha keh ey mani o mani baaskani meHnat ent pah ey site a.

hama paema diwwan e sara ma laazum kotag keh degre mehnat yaa chizza eda kas wati naam e sara madant o daank stuff e owner e naam gaar mabit hamen waRa ma ey ham louTen' keh may baask a chey har kas estefadah kant aa wati site yaa mahtaakani tooka may ey johudaa gaar makant. braat pah ey kaara ma chey paem action zort kanen' o maara chey kanag louTit?

tai passav e wadaareeg.

tai gohaar
Title: Re: ANY LEGAL QUESTION AND THIER ANSWES OR SOLUTION....
Post by: Mir Alihan on December 27, 2009, 06:36:32 PM: Tai minatwaaran k tao mana sharaf bakshet o jost kota k mara ya shomara che kanag loteet duzzani helafa k mey Baask site e douchani design duzzi kotag ant... Ji mara ya shomara esh legal haq ast ent k duzzen site ya hama mardum k ahi a douchani design duzzi kotag ant ahani helafa civil o criminal cases kot kanen bale sharther hamesh ent k sariya legal notice ey dihag bebeet, bot kant che legal notice ey dihaga ah wati radi a bemanant o wata o wati site a cha haraaben o duzzen kaaran che berakenant....o agan bot kant goda personally b jost kang bebant.
pakistan penal code, copy rights act/ordinance o cyber laws ey provisions eshani sara lagant o dege bi special laws ast ant k kaarmarz bot kanant...
Tai minatwaaran
Tai Braat
Title: Re: ANY LEGAL QUESTION AND THIER ANSWES OR SOLUTION....
Post by: ~Mahrang~ on December 27, 2009, 08:13:25 PM: raasth goshye adda zahida esha hech haq nestae maye baask akssa bezeera o wathy site namma beda.
agaa aya zaroorath bethe dege na kam se kam permission bozorthe o baask naam deer makothye.

many khyalla case kanga che pesar ma rabtha bekane
& v should solve the matter peacefully becoz case kanga baaz chesth ear loty.

Shome-kaster
Title: Re: ANY LEGAL QUESTION AND THIER ANSWES OR SOLUTION....
Post by: Zahida Raees Raji on December 31, 2009, 08:15:15 PM: Quote from: BaLuCh TiGeR on December 27, 2009, 06:36:32 PM
Tai minatwaaran k tao mana sharaf bakshet o jost kota k mara ya shomara che kanag loteet duzzani helafa k mey Baask site e douchani design duzzi kotag ant... Ji mara ya shomara esh legal haq ast ent k duzzen site ya hama mardum k ahi a douchani design duzzi kotag ant ahani helafa civil o criminal cases kot kanen bale sharther hamesh ent k sariya legal notice ey dihag bebeet, bot kant che legal notice ey dihaga ah wati radi a bemanant o wata o wati site a cha haraaben o duzzen kaaran che berakenant....o agan bot kant goda personally b jost kang bebant.
pakistan penal code, copy rights act/ordinance o cyber laws ey provisions eshani sara lagant o dege bi special laws ast ant k kaarmarz bot kanant...
Tai minatwaaran
Tai Braat

mani wajaen' braat:
Salamat baate,

braat minnatvaaran' keh wati dazgatiyaani tooka chey, pa ma wahad kashshet o mana passav daate.

braat Legal Notice deym dayag e idea mana doust but.

bahed hama kas keh Baask e sar a chey har kujaam exclusive stuff dohmii site/magazine/NEWS papar dayag louTit aa Baask e reference a bedant o Baask e tag a deyr makant baSoorat e deegar Legal Notice ham deym dayag bitten o Case ham file kanag bitten'

tai shor o salahaani daahima minnatvaar,

tai gohaar
Zahida
Title: Re: ANY LEGAL QUESTION AND THIER ANSWES OR SOLUTION....
Post by: Mir Alihan on January 14, 2010, 02:43:41 PM: Electronic & Cyber Crimes Ordinance ,2007(“Prevention of Electronic Crimes Ordinance, 2007″)

Section 7 states:

Electronic fraud: Whoever for wrongful gain interferes with or uses any data, electronic system or electronic device or induces any person to enter into a relationship or with intent to deceive any person, which act or omissions is likely to cause damage or harm to that person or any other person shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

Section 8 states:

Electronic Forgery: Whoever for wrongful gain interferes with data, electronic system or electronic device, with intent to cause damage or injury to the public or to any person, or to make any illegal claim or title or to cause any person to part with property or to enter into any express or implied contract, or with intent to commit fraud by any input, alteration, deletion, or suppression of data, resulting in unauthentic data with the intent that it be considered or acted upon for legal purposes as if it were authentic, regardless of the fact that the data is directly readable and intelligible or not shall be punished with imprisonment for a term which may extend to seven years, or with fine or with both.

Section 9 states:

Misuse of electronic system or electronic device: Whoever produces, possesses, sells, procures, transports, imports, distributes or otherwise makes available an electronic system or electronic device, including a computer program, designed or adapted primarily for the purpose of committing any of the offences established under this Ordinance or a password, access code, or similar data by which the whole or any part of an electronic system or electronic device is capable of being accessed or its functionality compromised or reverse engineered, with the intent it be used for the purpose of committing any of the offences established under this ordinance, is said to commit of misuse of electronic system or electronic devices. Whoever commits the offence shall be punishable with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

http://pakistanlaw.net/tag/cyber-crimes/