BUSINESS LAW
Business law, also called commercial law or mercantile law, the body of rules,
whether by convention, agreement, or national or international legislation,
governing the dealings between persons in commercial matters
Business law is a section of code that is involved in protecting liberties and
rights, maintaining orders, resolving disputes, and establishing standards for
the business concerns and their dealings with government agencies and
individuals. Every state defines its own set of regulations and laws for
business organizations. Similarly, it is also the responsibility of the business
concerns to know the existing rules and regulations applicable to them.
• Compensation Issues – Business law is essential to handle various compensation
issues in an organization. A professional business attorney can help companies
in settling issues related to compensation and salary management. It is the
responsibility of the attorney to ensure that his or her client does not violate
compensation and benefits laws at any cost. The consequences can be fatal in
case of any discrepancies.
• Safeguard the Rights of Shareholders – Business law plays a vital role when it
comes to safeguarding the rights of a company’s shareholders. An experienced
business law attorney can successfully handle such issues along with conflicts
related to minority shareholders, constitutional documents, and resolution by
arbitration, and more.
• Business Formation – Business law plays the role of a foundation stone for any
business concern. Establishing business includes a lot of legal processes,
leasing, and permits. A business law attorney is well-versed with all the
relevant regulations, and can help the concern establish its operations
successfully.
“Any system that values profit over human life is a very dangerous one indeed.
Simply put, it lacks values, and such a system will eventually collapse once its
true light is discovered by the masses. Though some say that capitalism is a
modern system, corruption has been the source for the demise of every great
civilization.”
Every business concern, either large-scale or small-scale, is bound to comply
with their respective legal regulations. Here are some significant functions of
business law that can help you in understanding it better.
• Includes laws related to business ethics, substantive law, procedural law,
court system structure, and so on.
• Business law entails the taxation system for different types of businesses.
• The level of competition and antitrust are also involved.
• Business law also includes regulations about employee rights and privileges,
workplace safety, overtime rules, and minimum wages law.
• It strives to alleviate the impact businesses have on the environment and
nature. It aims to regulate pesticides, limit air and water pollution, chemical
usage, and so on.
• Business law determines the formal process of establishment of a business
organization and regulations related to the selling of corporate entities.
• It also includes rights assignment, drafting, and work delegations, breach of
contract, transactions, contracts, and penalties for violation of the agreement.
• Business law defines laws related to business partnerships, entities, sole
proprietorships, liability companies, and corporations.
• It describes laws related to business and real property.
• Business law analyses the overall impact of computer technology on other
business domains.
• Includes laws related to bankruptcy and governance of the securities.
LAWS AGAINST BUSINESS CRIME
Fraud, Forgery, Cheating:
Forgery is the process of making or adapting documents with the intention to
deceive. It is a form of fraud and is often a key technique in the execution of
identity theft. Questioned document examination is a scientific process for
investigating many aspects of various documents and is often used examine the
provenance and verity of a suspected forgery. Section 420, 468 and 471 of the
Pakistan Penal Code deal exclusively with these offences and are the most common
offences committed in Pakistan. We have built a strong working relationship with
forensic and hand writing experts in order to provide efficient and effective
representation for our clients
Property, Land, Real Estate Offences:
In the past ten years, Pakistan has witnessed a major boom in the property
sector. In particular, the huge investments made by foreign nationals in the
property sector due to the growing need for housing and high rises has caused a
mushrooming effect that has rippled through out Pakistan. The recent surge,
growth and investments made over the last few years in the property market has
also brought with it illegal elements that through illegal means have tried to
take advantage of the property boom. The following are the illegal means against
which we protect our clients and provide a legal, yet practical, solution to the
problems they might be facing with regards to their property.
Illegal Possession:
Illegal Dispossession is a new addition to the laws of property and has come
about through the illegal Dispossession Act of 2005.
Land grabbing:
Transfer of title through forged documents (Forgery)
• The Pakistan Penal Code 1860 (hereinafter referred to as Penal Code) provides
punishment for acts of mischief by damaging or destroying property or killing
animals. Such offences together with their aggravated forms are mentioned in
Sections 425 to 440 of the Penal Code.
• Section 425 defines the offence of mischief as under.
• Whoever, with intent to cause, or knowing that he is likely to cause, wrongful
loss or damage to the public, or to any person, causes the destruction of any
property, or any such change in any property or in the situation thereof as
destroys or diminishes its value or utility, or affects it injuriously, commits
“mischief”.
• Explanation 1. It is not essential to the offence of mischief that the
offender should intend to cause loss or damage to the owner of the property
injured or destroyed. It is sufficient if he intends to cause, or knows that he
is likely to cause, wrongful loss or damage to any person by injuring any
property, whether it belongs to that person or not.
• Explanation 2. Mischief may be committed by an act affecting property
belonging to the person who commits the act, or to that person and others
jointly.
• Section 426 provides punishment for the offence of mischief as under:-
• Whoever commits mischief shall be punished with imprisonment of either
description for a term which may extend to three months, or with fine, or with
both.
• Sections 427, 428, 429 & 435 describe the aggravated forms of mischief by
prescribing the value of the property or animals destroyed or damaged by the act
of mischief. Such aggravated forms of offences attract higher punishments
through imprisonment of various periods as well as fine. The value of the
property or animals was fixed, keeping in view the value of the currency in 1860
when the Penal Code was enacted. Such values have since never been revised. With
passage of time and constant devaluation of currency, the value/price of
property and animals have considerably increased. They are not commensurate with
this present day market price/value. As such the punishments prescribed for
aggravated forms of offences appear to be disproportionate, indeed harsh. The
relevant Sections may be quoted below:
• Section 427. Whoever commits mischief and thereby causes loss or damage to the
amount of fifty rupees or upwards, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with
both.
• Section 428. Whoever commits mischief by killing, poisoning, maiming or
rendering useless any animal or animals of the value of ten rupees or upwards,
shall be punished with imprisonment of either description for a term which may
extend to two years, or with fine, or with both.
• Section 429. Whoever commits mischief by killing, poisoning, maiming or
rendering useless, any elephant, camel, horse, mule, buffalo, bull, cow or ox,
whatever may be the value thereof, or any other animal of the value of fifty
rupees or upwards, shall be punished with imprisonment of either description for
a term which may extend to five years, or with fine, or with both.
• Section 435. Whoever commits mischief by fire or any explosive substance,
intending to cause, or knowing it to be likely that he will thereby cause,
damage to any property to the amount of one hundred rupees or upwards or where
the property is agricultural produce ten rupees or upwards, shall be punished
with imprisonment of either description for a term which shall not be less than
two years nor more than seven years and shall also be liable to fine.
• In Section 427, the value of property of amount of fifty rupees is now too
small and the punishment prescribed i.e. imprisonment for up to two years
appears to be disproportionately higher, therefore, it is proposed to enhance
the said amount to one thousand rupees.
• In Section 428, the punishment prescribed is up to two years imprisonment or
fine or both for the offence of killing any animal of the value of ten rupees or
upward. This amount is also too small and needs to be enhanced. It is therefore
proposed to enhance the value of the animal to rupees five hundred.
• Similarly, in Section 429, the value of the animals fixed as fifty rupees is
too inadequate, especially when the other category of animals mentioned are
elephant, camel, buffalo, etc. It is, therefore, proposed to enhance the sum of
fifty rupees to five thousand rupees.
• Likewise, in Section 435, the sums of one hundred rupees and ten rupees are
also too inadequate, as the price/cost of property has escalated manifold.