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uch laws would be the supreme court of pakistan and not a religious body and iii the freedom to practice religion any religion as a citizen of pakistan theory is however very different from practice ii implications of article 2 article 2 appears in the introductory part of the constitution distinguishable from the next part on fundamental rights it may be argued that article 2 is a direction to the constitution and how the citizens of pakistan are encouraged not forced to live their lives they are basic principles on good values instead of an enforcement of a way of life the jurisprudence of the courts in this regard from 1970 onwards show a general trend of the environment of the country the judgments range from discussing it as a way of life or an emphasis on the principles of natural justice to a harsher and stricter implementation of the same today the legal mechanism of the country is prepared to instantaneously recognize a law abhorrent to article 2 and strike it down article 227 of the constitution read with article 228 of the constitution provide unequivocally that all existing laws shall be brought in conformity with the injunctions of islam as laid down in the holy quran and sunnah and no law shall be enacted which is repugnant to such injunctions moreover article 228 constituted the islamic council whose functions involve making recommendations and advising the parliamentary bodies the assemblies governors and the president on how to bring the laws within the injunctions of islam additionally the injunctions of islam are preserved in various other important laws as well such as inter alia in the criminality of alcohol and blasphemy laws marriage family and custody laws inheritance laws property laws etc due to article 40 of the constitution the foreign affairs of pakistan are also affected by the injunctions of islam in that the state shall shall endeavour to preserve and strengthen fraternal relations among muslim countries based on islamic unity support the common interests of the peoples of asia africa and latin america promote international peace and security foster goodwill and friendly relations among all nations and encourage the settlement of international disputes by peaceful means arguably the controversial article 62 and 63 also find their basis in the islamic influence of the constitution with the inclusion of the objectives resolution in the constitution vide article 2a the principles of islam were reinforced as an essential albeit introductory component of the constitution certain resolutions are stated herein below to give a synopsis of what the annexure entails whereas sovereignty over the entire universe belongs to allah almighty alone and the authority which he has delegated to the state of pakistan through its people for being exercised within the limits prescribed by him is a sacred trust wherein the principles of democracy freedom equality tolerance and social justice as enunciated by islam shall be fully observed wherein the muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings and requirements of islam as set out in the holy quran and the sunnah iii courts interpretation of article 2 of the constitution the trends of the jurisprudence of the courts have remained fluid in the discussion of article 2 of the constitution a few examples are provided to understand the variety of views of the courts 1 in pld 1976 lahore 930 the courts held that the courts could enforce only basic judicial principles and concepts of islam where permissible by the constitution but the entire way of life as envisaged by islam cannot be enforced by the courts 2 in pld 1983 supreme court 457 the courts held that the injunctions of islam were only used as emphasis of the principles of natural justice and used as the principle of due process is used in the american constitution article 2 was not a fundamental right as it only embodies the rule of law and cannot be used to invalidate a law but only to invalidate an action which does not have the sanction of law the supreme court in this case further held that article 2 was not at par with article 6 in so far as it places limitation on power of legislature to legislate so as to deprive a person of his life liberty and property 3 in 1997 mld 229 lahore the lahore high court held that this article being a substantive part of the constitution certainly has meaning purpose and practical utility and is singularly different from an empty slogan the purpose is to declare unequivocally that in the state of pakistan the islamic way of life shall be following and that it shall be governing in accordance with the islamic sharia 4 the lahore high court in 1997 pcrlj 1437 lahore seemed to equate it with the general good principles of life and held that laws that promote immorality and vices are neither valid nor permissible 5 the supreme court in pld 1998 supreme court 388 held that articles 2 2a and 227 of the constitution have given islamic character to the constitution by fully securing the independence of the judiciary and by providing that all existing laws should be brought in conformity with the injunctions of islam as laid down in the holy quran and sunnah the superior courts have remained fluid in their discussion of article 2 and have either held that article 2 merely introduces a good way of life or conversely that it is the controlling provision for all the laws of the land a study of the laws of the land suggests that in certain matters such as family inheritance marriage custody murder rape and other criminal provisions the injunctions of islam are supreme with limited involvement of the legislators there have also been times in the history of pakistan where the islamic provisions of the constitution have been held as the justification for certain diplomatic and foreign relations in any case a purview of history suggests that the involvement of religion is a marked diversion of the supposed and contested secular notion of the newly founded state in 1947 there are many academics who suggest that the involvement of religion was foreseen if not deliberately included in the affairs of the state with the recent uncontested dismissal of dr atif mian it seems that the influence of religion is rooted in the internal workings of the state wherein even an outspoken and valiant attempt by a democratically elected government could not sustain the pressure and had to succumb to it posted in criminal law divorce family law inheritance law know your rights legal knowledge politics protection of rights womens rights sep 14 companies ordinance 2016 the progression of the companies law from 1984 to 2016 posted by myra khan 0 the government has in november 2016 promulgated the companies ordinance 2016 replacing the companies ordinance 1984 after various seminars conferences expert groups discussions and debates the companies ordinance 2016 the 2016 ordinance was drafted debated and promulgated the new law encourages a movement towards simplifying certain procedures enabling greater use of technology and encouraging a paperless record keeping environment the constitution for companies and the backbone legislation for the economy has experienced a cardinal shift the salient changes to the legislation are provided below and will be revised accordingly the history of the law and the analysis and discussion on the projected effect will follow in a subsequent post classification of companies as provided by section 224 and the third schedule of the 2016 ordinance the third schedule provides for public interest companies and large sized companies pilscs medium sized companies mscs and small sized companies sscs small sized companies for example shall include private companies having 1 paid up capital up to rs 10 million 2 turnover not exceeding rs 100 million or 3 employees not more than 250 the classification of a company shall be based on the previous year s audited financial statements and can be changed if it does not fall under the previous criteria for two consecutive years special provisions are provided to facilitate small and medium companies the 2016 ordinance also provides for relaxations for free zone companies section 454 and the establishment of an investor education and awareness fund section 245 the 2016 ordinance further provides for companies that are inactive companies to seek such status from the registrar to avail limited procedural and accounting requirements section 424 moreover the 2016 ordinance provides for streamlining lengthy processes by introducing an efficient dispute resolution mechanism through the mediation and conciliation panel section 276 passing of members resolution by circulation and simplified provisions for mergers and acquisitions memorandum of association the 2016 ordinance requires that companies engage in such business that is the principal line of business section 26 to reduce the issues related to the doctrine of ultra vires whereby the company undertakes acts that are beyond its scope of work or powers the principal line of business shall be mentioned in the memorandum of association or notified to the registrar conversion of shares into electronic format electronic or demat form is the concept of dematerialization in finance and financial law and refers to the substitution of paper form securities by book entry securities this is a form of an indirect holding system which is used as an intermediary such as a broker or a central securities depository and holds the records of the ownership of the shares in an electronic format the central depository system in pakistan established under the central depositories act 1997 has a similar system of electronic filing record and transfer for and of securities special provisions for independent and non executive directors section 166 the 2016 ordinance provides for the inclusion of independent directors and non executive directors on the board including provisions for the manner of selection and maintenance of the data bank of such directors increased provisions for disclosure of directors and beneficial owners and increased transparency by local and foreign companies the 2016 ordinance provides for increased disclosure by companies to the regulatory it further provides for the companies to maintain a companies global register of beneficial ownership section 452 for every substantial shareholder or officer of a company incorporated under the 2016 ordinance having ten percent 10 or more shares in a foreign company or body corporate there is increased regulatory control vis à vis fraud terrorist or corrupt financing and money laundering certificate of shariah compliance section 451 enables companies to seek for a shariah compliance certificate from the securities and exchange commission of pakistan no company shall be permitted to be called shariah compliant unless it is conducting business according to the principles of shariah and has been so certified by the commission agriculture promotion companies section 457 the 2016 ordinance enables the registration of agriculture promotion companies for the development and enabling of the agriculture sector table of fees amended to be paid to the registrar the seventh schedule updates the table of fees to be paid to the registrar section 462 and 469 posted in company law know your rights legal knowledge uncategorized tagged 2016 additions to the companies ordinance companies law pakistan companies ordinance 1984 companies ordinance 2016 companies ordinance pakistan company company law new law on companies pakistan nov 14 protection of women against violence new bill passed by the punjab assembly posted by myra khan 0 on 25 february 2016 the provincial assembly of punjab passed the punjab protection of women against violence bill 2015 the protection bill q what is it the protection bill aims to make a special provision for the protection of women to protect women against violence including domestic violence to establish a protection system for effective service delivery to women victims and to create an enabling environment to encourage and facilitate women freely to play their desired role in the society and to provide for ancillary matters q what is domestic violence section 2 h defines domestic violence as the violence committed by the defendant with whom the aggrieved is living or has lived in a house when they are related to each other by consanguinity marriage or adoption section 2 r defines violence as any offence committed against a woman including abetment of an offence domestic violence emotional psychological and verbal abuse economic abuse stalking or a cybercrime q what are the other key definitions of the protection bill the following definitions in section 2 are key a aggrieved person means a woman who has been subjected to violence by a defendant e dependent child means a child who is below the age of twelve years of age and includes any adopted step or foster child j house includes a place where the aggrieved person lives in a domestic relationship irrespective of right to ownership or possession of the aggrieved person defendant or joint family q what are the plans for implementation for implementation section 3 provides that the government shall amongst others a institute establish a universal toll free dial in number for the aggrieved persons b establish protection centres and shelter homes under a phased programme c appoint necessary staff at a protection centre for mediation and reconciliation between the parties rescue medical examination medical and psychological treatment and legal help of the aggrieved persons and proper investigation of offences committed against aggrieved persons d raise awareness about the issues involving women and the requirements of protection and relief of the aggrieved persons q what steps should be taken to seek protection and what happens then 1 the aggrieved person or any other person authorized by the aggrieved or a women protection officer appointed under section 14 of the protection bill may submit a complaint for obtaining a protection residence or monetary order for the aggrieved 2 the relevant court shall be 1 where the aggrieved resides or carries on business 2 where the defendant resides and carries on business 3 where the aggrieved and the defendant last resided together 3 the court shall then start proceedings not more than seven 7 days of the date of receipt of the complaint by the court 4 the defendant shall be notified to show cause appear in court within seven 7 days if a defendant fails to respond within the specific time the court shall subject to another notice to the defendant assume that the defendant has no plausible defense and proceed to pass such order as the court deems fit q how will the court protect the victim 1 protective order if the court is satisfied that any violence has been committed or is likely to be co...