M. Ahsan Rehman Intern Report
M. Ahsan Rehman Intern Report
INTERNSHIP REPORT
01-177182-035
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INDEX
5 Report Annexure D IV
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Annexure – A
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Annexure – B
Email: [email protected]
Email: [email protected]
Address: Office No. 1, 1st Floor, Saeed Plaza, G-10/1, Opp to Islamabad High Court,
Islamabad
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Annexure - C
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ANNEXURE – D
INTERNSHIP REPORT
CHAPTER II ..................................................................................................................... 10
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CHAPTER I
EXECUTIVE SUMMARY
SUBORDINATE COURTS:
With respect to the jurisdiction ICT is divided into East and West District. Civil and criminal
judges are appointed by provincial governments, and their terms and conditions are governed
by provincial civil servants acts/rules. The High Court, on the other hand, has administrative
control over such courts. District Judge, Additional District Judge, and Civil Judge Classes I,
II, and III comprise the civil courts. Similarly, there are Session Judges, Additional Session
Judges, and Judicial Magistrate Classes I, II, and III in the criminal courts.
SPECIAL COURTS:
The federal legislature is authorised by the Constitution to establish administrative courts and
tribunals to deal with federal matters. As a result, several special courts/tribunals have been
established, all of which are administered by the Federal Government. The majority of these
courts are run by the Ministry of Law and Justice, but some are run by other ministries or
departments. The Special Banking Court, Special Court Custom, Taxation and Anti-
Corruption, Income Tax (Appellate) Tribunal, Insurance Appellate Tribunal, and so on are
examples of such courts/tribunals.
The Court may examine and determine whether a specific provision of law is repugnant to
the Injunctions of Islam on its own motion or through petition by a citizen or a government
(federal or provincial). The Supreme Court's Shariat Appellate Bench hears appeals from its
decision.
HIGH COURT:
The Islamabad High Court Act 2010 (Act No.XVII of 2010) established an independent High
Court for Islamabad Capital Territory having original, appellate and other jurisdiction,
comprising of 7 judges and 1 Chief Justice.
SUPREME COURT:
The Supreme Court is the highest court in the country, with original, appellate, and advisory
jurisdiction. It is the Court of Last Resort, and thus the final arbiter of law and the
Constitution. All other courts are bound by its decisions. Its judicial membership currently
consists of the Chief Justice of Pakistan and fifteen senior justices, as well as the Shariat
Appellate ad-hoc appointments.
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ESTABLISHMENT
National Law Firm is a Registered Law Firm established under Section 58(1) of Partnership
Act 1932 in July 2017.
National Law Firm was founded in July 2017 by Abdul Rehman Sheikh Advocate High
Court who has previously served in National Accountability Bureau, Islamabad. National law
Firm is currently administered by two Managing Partners operating in and out of Islamabad,
the firm offers its clients legal services in both Civil and Criminal Law.
SCOPE
National Law Firm has a thriving practise, and in addition to representing individual clients,
it frequently assists institutional clients, such as businesses and other industrial organisations,
as well as clients in the public and private sectors.
Clients are represented at all levels of civil and criminal jurisdiction across Pakistan using our
services, which include both litigation (court work) and legal advice (opinion work,
contractual and legislative writing, negotiations, etc.).
This vibrant Law Firm has vast experience and capability of handling wide ranged and
complex legal issues of governmental entities and individuals.
MISSION STATEMENT
National Law Firm aims that success depends less on the lawyer and more on the dedication
and integrity he displays in his work. This irrefutable fact serves as the cornerstone of Firm’s
objective, which is to achieve success via professionalism.
Firm’s constant goal is to build enduring relationships with clients that are founded on
openness, trust, and respect for one another. The proactive legal staff foresees its clients’
needs and offers prompt, understandable, and practical solutions.
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Takes the litigation as just one component of clients’ broader business missions.
Works with clients to create a strategic litigation plan that advances the underlying
firm goals and make sure the plan is still suitable as each case progresses.
Handles litigation from lower courts / trial courts to High Courts across Pakistan.
Has an outstanding track record in court due to extensive legal knowledge, effective
trial techniques, and pragmatic approach. The firm's track record of courtroom
victories also helps clients position themselves for desirable settlements.
Approach each case with efficiency, legal ingenuity, and effective advocacy in mind.
In competition with other firms, the law firm is a leader in the provision of civil law
services to citizens, businesses and government bodies. Services in this field are
offered primarily in civil, labour, and family law relationships.
drafts legal documents, contracts dealing with legal relationships between clients, and
agreements resolving disputed issues, always attempting to find the best solution for
the client that provides him with the most legal certainty.
Panel advocate of Capital Development Authority for District Court/High Court
covering extensive litigation as proper and proforma party cases for CDA.
Panel advocate of Pakistan Electronic Media Regulatory Authority for District Court.
handles appeals and writs from any type of litigation involving various legal issues
extensively involved in civil litigation at District and High Court Level.
Practise financially motivated, non-violent crimes and appeals for reversal of unjust
orders passed by trial courts before District and High Courts.
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CHAPTER II
DESCRIPTION OF DUTIES
Our daily tasks mainly comprised of making case briefs, doing legal research, and preparing
arguments for court proceedings. Moreover, we also had the opportunity to witness various
public and private hearings in District as well as High Courts of Rawalpindi and Islamabad.
Daily routine duties assigned to me were:
The first and most important thing that my supervisor taught me was how to do work
in a smart and efficient manner rather than working hard. The basic hack was to write
down everything you do to accumulate knowledge base, which saves a tremendous
amount of time if a similar situation arises in the future.
to read cases pending adjudication on the next day of hearing in District and High
Court.
to observe the proceedings during the Examination-in- chief, Cross- Examination and
Final Arguments.
Observing and making notes of comments of Hon’ble Justices of Islamabad High
Court in various cases for a clear and better understanding of any particular section of
Law.
Doing Legal Research on any suggested law in accordance with the facts of the case
and making case briefs thereto.
Presenting before the Learned District Judges for attendance or seeking adjournments
in the case pending adjudication.
Drafting plaints, written statements and deeds under supervision of supervisor.
The vast scope of Art 199 of the Constitution of 1973 came across into research on
almost daily basis because of excessive practise of Writs.
Meeting lawyers of practising in various fields of Law and extensive productive
discussion on various aspects of the administration of Justice in the courts of law.
Comprehensive research on Mental Health Ordinance 2001 for a case and the
practical approach thereof in the Court of Law.
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A brief overview of the PEMRA Ordinance 2002 soon after we were enrolled as
Panel Advocates of Authority.
Study of various provisions of CDA Ordinance 1960, Islamabad Capital Territory
Building Control Regulations 2020 and relevant provisions of Manual of Civil
Services.
Legal Research on relevant provisions and judgements on Post Arrest bail under
Section 497 of CrPC.
Making calls to concerned Law Officers of Government organisations for their stance
on any case.
Making case briefs and presenting them before the Supervisor.
Made a flow chart of trial Procedure through Private complaint and FIR.
Made a catalogue of Judgements and accumulated all the Judgements of Superior
Courts at one place.
The word Writ means a written document by which one is summoned or required to do or
refrain from doing something. The Constitution has conferred on the High Court original
jurisdiction only in one case and that case is the field of writ matters. Provisions of Art. 199
of the Constitution has been introduced to current actions of government functionaries which
suffer either from lack of jurisdiction or excess of jurisdiction. If the citizen of the countries
are deprived of any right guaranteed to them in the Constitution, illegally or not in
accordance with the law, then Art. 199 of the Constitution can always be invoked for redress.
It’s a duty of the state to not abridge a person from the fundamental rights provided to him by
the Constitution, hence a writ can be enforced against the State (as defined under Article 12
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of the Constitution). But some fundamental rights such as rights under Article 17, 21, 23 and
24 are also available against private individuals hence writs can be enforced against violation
of such rights by private persons.
Non-availing of alternate remedy to writ petitioner would not bar exercise of writ jurisdiction
under Art. 199 when the order impugned in the writ petition was passed by statutory
functionaries in a malafide, unjust and oppressive manner.
1. Habeas Corpus
2. Quo-Warranto
3. Prohibition
4. Certiorari
5. Mandamus.
My area of research here was related to case of a government employee serving in Ministry
of Foreign Affairs who was posted abroad during his course of employment.
Chapter VII of the Accommodation and Allocation Rules 2002 states that the allotment letter
in case of a hired house from the estate office shall be issued in the name of the allotee.
However, it is pertinent to mention that the Pool Accommodation as discussed in Chap III of
the above-mentioned rules will not be given to any department except the ISI and Ministry of
Foreign Affairs and the house ion pool the ISI and Ministry of Foreign Affairs shall be
restricted to present number. The designated officers have to submit an undertaking that in
case of their transfer from the post they will vacate the house within 30 days of their transfer.
Moreover, I also reviewed the classification and entitlement of the Accommodation to the
government employees according to their Basic Pay Scale.
The instant suit for which I was researching is still pending adjudication. Our client was an
employee of the Ministry of Foreign Affairs who was posted on deputation to Bahrain
Embassy and later on received a notice of eviction from the estate office.
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Parties:
Subject: Suit for Recovery of Rs. 1,000,000/- under Order XXXVII of CPC
Process of Court:
1. Application for leave to appear was granted to the Defendant No. 1.
2. Application for summoning of records was made by the plaintiff. All the evidence
including the agreement for construction between the parties, dishonoured cheque and
Bank statements were adduced before the learned court.
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3. Local commission was appointed by the court and was directed to record the evidence
in the manner prescribed within 30 days.
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Parties:
Shahid Aziz………………………………….……………………………….Plaintiff
VERSUS
Public at Large
Subject: Petition for appointment of Guardian and Manager of Properties under Section 33 of
the Mental Health Ordinance 2001
Arguments of Plaintiff:
That the Plaintiff was real brother of Ms. Farhana Aziz D/O Mr. Sartaj Aziz.
Mr. Sartaj Aziz being an old person of 93 years of age could not take care of the
mentally disordered daughter Ms. Farhana Aziz.
The appointment of manager of the properties was necessary on the ground that Ms.
Farhana Aziz being on of the Legal Heirs of Ms. Hamida Sartaj Aziz w/o Mr. Sartaj
Aziz is a special child/person and incapable of executing any instrument hence one of
the Legal heirs be appointed as Guardian and Manager by the Court of competent
jurisdiction.
Process of Court:
The District and Session Judge has the authority to act as Court of Protection while
deciding a matter of a Disabled person as enumerated in the Mental Health Ordinance
2002.
The court allowed the instant petition to appoint guardian and manager of Ms. Farhana
Aziz.
The statement of Legal heirs was recorded in the court. All the legal Heirs had no
objection in appointment of Mr. Shahid Aziz as the Guardian and Manager of the
disabled Person.
The statement of the father of Ms. Farhana Aziz was also recorded in the court who
stated that considering his old age, he thinks he is not suitable to take care of Ms.
Farhana Aziz hereinafter referred to as the Disabled Person.
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Status of Case:
After the statement of the legal Heirs was recorded and medical record of Ms. Farhana
Aziz was pursued the Hon’ble court had no objection in appointing the real brother of
DP as her guardian as well as manager of properties in a judicial capacity.
The court after 2 or 3 hearings decreed in favour of Ms. Shahid Aziz and appointed him
as the Guardian and Manager of properties of Ms. Farhana Aziz.
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Working at National Law Firm has been an amazingly exuberant experience. The internship
program has also helped me to have improved appreciation of the profession and therefore
better work ethics which is paramount for everyone in the legal profession. This starts right
from the dress code, the way one interacts with others and extends to how the lawyer is
supposed to handle clients and clients/ cases
In that workspace setting, I was exposed to the reality of law practise in all of its dimensions:
the integration of different areas of law, policy issues; the application and development of
skills to analysis and resolution of client concerns; ethical responses to situations that arise
unexpectedly and spontaneously, issues of professional responsibility including responsibility
to clients and case management; and the operation of the government and court system.
In the end I would like to pay my gratitude to Mr. Abdul Rehman Sheikh for being and
extremely supportive mentor throughout this period of internship.
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