Performa of Adoption Deed (In Pakistan)

ADOPTION DEED

THIS DEED OF ADOPTION is made at Rawalpindi, on this 16th day of April 2009 between Mr. Akhtar Abbas son of Hazir Muhammad, resident of Village Makhial, Post Office Bochal Kalan, Tehsil Kallar Kahar, District Chakwal, (hereinafter called the (FIRST PARTY)

AND

(1) Mr. Nazim Hussain son of Mulazim Hussain and (2) Taqdees Nazim wife of Nazim Hussain, both residents of House No. 30-D, Mohallah Shah Faisal Colony, Airport Link Road, Rawalpindi. hereinafter called the adopter of the (OTHER PART).

Whereas the wife of first party Mrs. Fehmida Batool has already expired and now adopter / second party is desirous of adopting 1 child and approached the natural father (First Party) for giving their son in adoption to the Second Party.

And whereas the natural father (First Party) of Abdullah Nazim (DOB: 05-09-2007) was agreed to give their son in adoption to the adopter / second party.

And whereas on 16-04-2009 the physical act of giving and taking of the aforesaid child in adoption was performed. The natural father (First Party) gave their son in adoption and the adopter (Second Party) took the son as adopted son.

And whereas the Parties considered it necessary and expedient that a deed of adoption be executed so as to be an authentic record of the adoption having already taken place.

NOW THIS DEED OF ADOPTION CHILDREN WITNESSETH AS FOLLOWS:

a. It is hereby declared that the First Party the natural Father has already gave in adoption their son Abdullah Nazim to the adopter / second party, the Second party took the child in adoption. The physical act of giving and taking was held on 16-04-2009 in the presence of assembled families of both the parties.

b. As a result of the aforesaid adoption the child was transferred from the natural father to the adopter / second party.

c. The adopted child by virtue of the said adoption has become member of the family of the adopter / second party and shall be entitled to inherit himself-acquired property or ancestral property.

d. The adopter / Second party shall be responsible for the maintenance and education of the adopted child and agreed to bring him up according to their status.

e. The natural father (First Party) shall make no claim hereinafter to the custody of the adopted child. The adopted son shall hereinafter be know as son of the adopter / second party.

f. The adopter shall not lay any claim hereinafter against the natural father of the child for expenses incurred by them for the education and maintenance of the adopted child.

In witness whereof the parties hereto have set their hands on this deed on the 16th day of April 2009, mentioned herein-above in the presence of:


FIRST PARTY
______________________



SECOND PARTY

_____________________

Performa of Sale Agreement (In Pakistan)

SALE AGREEMENT


This Sale Agreement is made at Rawalpindi on this 3rd day of March 2007 by Mr. Muhammad Ibrahim son of Haji Barkat, resident of House No. NA-100, 7th Road, Satellite Town, Rawalpindi (hereinafter called the Vendor)

IN FAVOUR OF

Syed Ali Raza son of Syed Wajid Ali, resident of House No.152, St. No.48, Sector F-10/4 Islamabad, NIC No.61101-5566868-7 (hereinafter called the Vendee)

WHEREAS the Vendor is the owner in possession of Plot No.719-F size 30 x 70, Sector G-11/1 Islamabad (hereinafter called the Said Property).


WHEREAS the Vendor intends to sell his above property to the Vendee at a sum of Rs. 65,00,000/- against which the vendee has paid the entire amount. The vendor has this day, delivered peaceful possession of the said plot with all its documents to the vendee who will henceforth be the sole owner of the same and shall hold, occupy and enjoy peaceful possession and profit to which the vendor shall have no claim or concern. The vendor does hereby assure to be the sole owner of the said plot. That the vendor further undertake to be ready to sign all such acts, documents whatever required for the transfer / lease of the said plot in favour of vendee or his / her nominee. That all terms and conditions of this agreement have been read over to the parties which they admit to be correct and agree to abide by them.


IN WITNESSES WHEREOF both the parties have set their respective hands to this deed on the day, month and year already mentioned above.

Vendor
Vendee
Witness 1
Witness 2

Performa of Partnership Deed (In Pakistan)

Partnership Deed
OF
SHAIR ZAMAN ENTERPRISES

This deed of partnership is made at Rawalpindi on 22nd day of April 2010 by and between:

1. Mr. Shair Zaman son of Muhammad Yasin, resident of Liaquat Colony, Nai Abadi, Chakri Road, Rawalpindi. (First Partner).
2. Mr. Fuzail Hassan son of Shair Zaman, resident of Liaquat Colony, Nai Abadi, Chakri Road, Rawalpindi. (Second Partner)

The said partners have mutually agreed to form a partnership on the terms and conditions mentioned below:

THIS DEEDS OF PARTNERSHIP WITNESS AS UNDER

1. That the name and the style of the firm shall be “SHAIR ZAMAN ENTERPRISES” with the office situated at Quaid-e-Azam Colony, Main Ghos-e-Azam Road, Near Biscuit Factory Chowk, Rawalpindi and the partners may open or close any other branch office or offices anywhere they may deem fit and profitable.
2. That both the partners have invested equally in the said business equally.
3. That the partner No.1 will be the managing director of the above said firm.
4. That the capital of firm will be contributed by the partners as per book of accounts.
5. That the business purpose of the said firm is marketing, general order supplier, import export etc.
6. That both the partners have invested equal capital (50% each) in said business and contributed by the partners will be distributed (profit and loss @ 50 %) between the parties.
7. That if any partner wants to equate from partnership who shall give 02 months prior notice to other partner.
8. That the bank account shall be opened with mutual consents of the parties in any schedule or non-schedule bank by the name of the above said firm and shall be operated by both the partners.
9. That in case of death of any partner, his legal heirs will be step into shoes in the same person and conditions.
10. That the monthly enrolments of the working partner will be as per book of accounts and will be received as and when income increase with mutual agreement of both the partners.
11. That both the partners shall maintain accounts. That other partner shall have right to inspect the same at any time.
12. That partnership shall be, in no way responsible for personal debts and liabilities of partner for their individual capacities. The firm shall pay the super/income tax if any.
13. That in case of dispute of any point between the partners the matter shall be referred and the decision of the Arbitrator under the provision of arbitration Act 1940 whose decision shall be final and binding upon the partners.

IN WITNESS WHEREOF the parties hereof have affixed their signature to this instrument of partnership in the presence of witnesses who have subscribed.


PARTIES NAME WITH SIGNATURE


Witnesses:

Sampel of an Affidavit using in Courts (In Pakistan)

AFFIDAVIT


I, Ghulam Nabi s/o Ghulam Rasool, r/o House No.AA-1001 Mohallah Workshapi, Rawalpindi, do hereby solemnly affirm and declare that the contents of the accompanying application are true and correct to the best of my knowledge and belief.


…Deponent
VERIFICATION

Verified on oath at Rawalpindi on this 15th day of March 2010 that the contents of my said Affidavit are true and correct to the best of my knowledge, information and belief and nothing has been concealed therefrom.
…Deponent

Written Statement in Suit for Recovery of Possession before Civil Judge (In Pakistan)

IN THE COURT OF SYED FARRUKH HUSSAIN SHAMSI, CIVIL JUDGE, RAWALPINDI


Farrukh Waseem V/s Mst. Surriya Perveen etc


(Suit for Recovery of Possession)


WRITTEN STATEMENT ON BEHALF OF DEFENDANT NO.6


PRELIMINARY OBJECTIONS


1. That the plaintiff has got no cause of action to file the instant suit, because the house in dispute bearing No.382-B Sector I, Khayaban-e-Sirsyed was in the name of Mehmood Ahmed who mortgaged the said house to answering defendant and gave away possession of said house to answering defendant and now the tenants of answering defendant are in possession of the said house.
2. That the present suit is not maintainable under Sec 10 CPC and it must be stayed because a suit for specific performance for the said house is pending adjudication in Civil Court, Rawalpindi.
3. That the plaintiff has not come to the court with clean hands hence he is not entitled for any relief.
4. That proper court fee has not been affixed hence the suit be returned.
ON FACTS

1. Para No.1 is incorrect hence denied, in fact suit property was allotted vide No.382-B/SI/1374 dated 08-05-79 issued at 13-02-82 (Copy is attached herewith)
2. Para No.2 is incorrect hence denied.
3. Para No.3 denied being want of knowledge.
4. Para No.4 is incorrect hence denied, allotment letter dated 13-02-82 in name of Mehmood Ahmed is still in force.
5. Para No.5 is incorrect being want of knowledge.
6. Para No.6 is denied being want of knowledge.
7. Para No.7 is incorrect hence denied.
8. Para No.8 is incorrect hence denied.
9. Para No.9 is incorrect hence denied.
10. Para No10 is incorrect hence denied.
11. Para No.11 is incorrect hence denied.
12. Para No.12 is incorrect hence denied. Plaintiff has no cause of action to file the instant suit.
13. Para No.13 is legal.
14. Para No.14 is incorrect, the suit land is not properly assessed hence the maximum court should be affixed.


PRAYER

Under the above mentioned circumstances, It is, therefore, respectfully prayed that suit of the plaintiff may very kindly be dismissed with cost.

Defendant No.6
Through

COUNSEL

HABEAS PETITION UNDER SECTION 491 CR.P.C FOR RECOVERY OF DETENUES before Sessions Judge (In Pakistan)

IN THE COURT OF SESSIONS JUDGE, RAWALPINDI


In the matter of:

Sultan Muhammad son of Sooba Khan, resident of House No. ZB-2, Street No.30, Alam Abad, Dhoke Hassu, Rawalpindi.

…Petitioner
VERSUS

1. Raja Muhammad Shabbir son of name not known to the petitioner.
2. Raja Shahzad Shabbir son of Raja Muhammad Shabbir.
3. Yasir Shabbir son of Raja Muhammad Shabbir.
4. Tazeema Shabbir wife of Raja Muhammad Shabbir.
All residents of Carriage Factory, House No.ZB-3G, Mohallah Rajgan, Dhoke Hassu, Rawalpindi.
5. S.H.O, P.S Gunjmandi, Rawalpindi.

…Respondents

HABEAS PETITION UNDER SECTION 491 CR.P.C FOR RECOVERY OF DETENUES (1) RIZWANA BIBI (2) ZOHAIB AGED ABOUT 4-YEARS FROM THE ILLEGAL, IMPROPER CONFINEMENT OF RESPONDENTS NO.1 TO 4

Respectfully Sheweth!

1. Brief facts giving rise to the instant petition are that; the petitioner is unfortunate father of detenues namely Rizwana Bibi and maternal grandfather of detenue No.2 Zobaib.
2. That the daughter of the petitioner was married with one Raja Shahzad Shabbir and out of the wedlock, detenue No.2 was born but later on, Raja Shahzad Shabbir divorced the daughter of the petitioner and after getting divorce, she started living in Dar-ul-Amaan along with her son / detenue No.2. She was living in Dar-ul-Amaan since 21-07-09. (Copy of the application on behalf of detenue No.1 regarding sending to Dar-ul-Amaan, Rawalpindi is attached herewith for the kind perusal by this Honourable Court.
3. That the petitioner used to pay visit to Dar-ul-Amaan and see his real daughter and maternal grandson after 21-07-2009.
4. That previously, when the petitioner tried to see his real daughter in Dar-ul-Amaan, Rawalpindi, he was shocked to know that someone has taken away the detenues and on the search of the petitioner, it transpired that the ex-mother-in-law (respondent No.4) of the detenue No.1 trapped the detenues and took them with her on 12-12-2009. (Copy of the application along with statements of the respondent No.4 and that of detenues are annexed herewith for the kind perusal by this Honourable Court)
5. That when the petitioner approached to the respondents No.1 & 4, they flatly denied to take the dentenues back from the Dar-ul-Amaan and shown their unawareness about the missing of the detenues from the Dar-ul-Amaan, Rawalpindi.
6. That since previously, the family intrigues prevailed between both the families, therefore, the petitioner fairly believes and understands that the respondent No.4 managed to get the custody of the detenues and after getting their custody, she has sent them to unknown place only to avoid the meeting of the petitioner with them.
7. That the petitioner also apprehends that the respondents would cause severe damage to the persons and properties of the detenues if they remained in illegal and improper custody of the respondents No.1 to 4 due to the previous enmity.
8. That the petitioner fairly believes that being the real father of detenue No.1 and maternal grandfather of detenue No.2 has every right to see and keep their custody which is legal and proper.
9. That the petitioner also apprehends a danger to the persons and properties of the detenuues at the hands of respondents No.1 to 4.
10. That the petitioner has time and again requested the respondents No.1 to 4 to send the detenues with him but they flatly refused to accede the genuine request of the petitioner, hence this petition.
11. That the petitioner has no other alternate, efficacious, expeditious and less expensive remedy except to invoke the jurisdiction of this Honourable Court, hence this petition.

PRAYER

It is therefore, most respectfully prayed that the instant petition may kindly be allowed and the detenues may very graciously be recovered through appointment of bailiff with the help of respondent No.5 and the bailiff be directed to produce the detenues before this August Court and after their production, their persons may graciously be handed over to the petitioner which is in the best interest of the justice and for that purpose, the petitioner is ready to pay the requisite bailiff fee as per direction of this August Court.
Any other relief which this Honourable Court deems fit and proper, also be awarded to the petitioner.

Petitioner
Through
COUNSEL

Petition for Cancellation of Bail before High Court (In Pakistan)

IN THE LAHORE HIGH COURT, RAWALPINDI BENCH, RAWALPINDI

Crl. Misc No. BC/2010
In the matter of:

Khaqaan Danial s/o Allah Ditta, r/o Upper Aliot, Tehsil Murree, District Rawalpindi.

…Petitioner
VERSUS

1. Muhammad Usman s/o Muhammad Zakir, Caste Abbasi, r/o Upper Aliot, Murree District Rawalpindi.
2. The State.
…Respondents

PETITION UNDER SECTION 497(5) Cr.P.C FOR THE CANCELLATION OF BAIL IN CASE FIR NO. 499 DATED 18-09-2007, OFFENCE UNDER SECTION 302/24 PPC REGISTERED AT P.S MURREE, DISTRICT RAWALPINDI

Respectfully Sheweth!

1. That the petitioner is an unfortunate father of Tasleem Akhtar (deceased) and complainant of aforementioned FIR. The brief facts leading to the instant petition are that on 18-09-07, respondent No.1 brutally assassinated the young daughter of the petitioner with the help of his mother and sister. (Copy of FIR is annexed herewith as Annexure-A)
2. That the respondent No.1 filed his bail after arrest which was entrusted to the court of Mr. Khalid Mehmood Ranjha, the learned ASJ Rawalpindi who was pleased to grant his bail on the ground of tender-age while relying upon a fabricated school leaving certificate and that of NADRA record. The respondent No.1 was allowed bail on 21-11-08. (Copy of bail granting order is annexed herewith as Annexure-B)
3. That during the course of trial, the respondent No.1 moved an application for his trial under Juvenile Justice System which was objected by the prosecution and the learned trial judge was pleased to send the matter to DHQ Rawalpindi for holding of ossification test of respondent No.1.
4. That on the direction of the learned ASJ, a medical board was convened for ossification test of the respondent No.1 and the medical board submitted their report bearing Sr. No.262 dated 29-04-09 and hold the age of the respondent No.1 between 22 – 25 years at the time of occurrence.
5. That the respondent No.1 was allowed bail after arrest merely on the ground of tender-age (less than 18 years) whereas the ossification test (age-determination) reveals that the age of the respondent No.1 as minimum 20-years at the time of occurrence i.e 18-09-2007. (Copy of age assessment report dated 29-04-09 is annexed herewith as Annexure-C)
6. That after getting the bail after arrest granted by the learned ASJ Rawalpindi, the respondent No.1 always misused the concession of bail and at times, criminally, illegally and forcibly trespassed into the house of the petitioner and threatened the petitioner, his wife and daughter of dire consequences which includes murder of the petitioner and his family members regarding which the matter was reported to Numberdar of the area who also verified the occurrence and submitted his report on 11-12-2008 which is also available in Judicial File.
7. That the matter does not end here, the respondent No.1 continued threatening the petitioner and his family members, resultantly, the petitioner has filed a petition U/S 22-A and 22-B of Cr.P.C and sought the indulgence of learned ASJ for getting a criminal case registered against the respondent No.1 and the same was entrusted to Mr. Sajjad Hussain Sindhar, learned ASJ who disposed off the petition while giving a direction to the concerned police on 13-06-09 and consequently and ultimately a FIR bearing No.373 dated 25-07-09 offence U/S 506 PPC was registered at P.S Murree District Rawalpindi against respondent No.1 (Copy of petition U/S 22-A along with order dated 13-06-09 and FIR bearing No.373 is annexed herewith as Annexure-D)
8. That the heinous offence of murder was committed by respondent No.1 who is a hardened and disparate criminal, was not entitle to any concession or grace therefore, the grant of bail not only prejudice to the prosecution but also the prosecution witnesses are under pressure, threat and coercion at the hands of respondent No.1.
9. That the act of respondent No.1 of threatening the petitioner and his family members, amounts to temper the prosecution evidence and the prosecution witnesses are under pressure, coercion and apprehends a danger to their lives at the hands of respondent No.1.
10. That the petitioner filed petition Under Section 497(5) Cr.P.C for cancellation of the bail of respondent No.1 before the court of learned Sessions Judge, Rawalpindi which was declined vide order dated 29-10-2009 by Mr. Sajjad Hussain Sindhar, the learned ASJ Rawalpindi, hence this petition. (Copy of petition along with order dated 29-10-09 is annexed herewith as Annexure-E)
11. That the petitioner seeks the cancellation of bail of respondent No.1 inter-alia on the followings:-

GROUNDS

a. That the learned ASJ declined the cancellation petition of the petitioner on surmises and conjectures.
b. That there is sufficient material on record to connect the respondent No.1 with the commission of crime and specific role was attributed to him in the FIR.
c. That the respondent No.1 is nominated in the FIR with specific role, hence the order dated 29-10-2009 of the learned ASJ Rawalpindi is without any lawful justification.
d. That the order passed by learned ASJ Rawalpindi is illegal, arbitrary one and against the norms of the natural justice.
e. That the learned ASJ Rawalpindi did not consider the valuable evidence available on the record.
f. That there is no malafide on the part of the present petitioner and enmity of the police with the respondent No.1 was pointed out, hence the respondent No.1 is not entitled to any concession of bail.
g. That there is reasonable chance for tampering with prosecution evidence by the respondent No.1, thus he is not entitled to any concession of bail.
h. That there is the reasonable chance of absconsion of the respondent No.1.
i. That the learned ASJ Rawalpindi also ignored the all other important aspect of the case, which is necessary for rejection of the bail.
j. That the respondent No.1 is misusing the grant of bail and continuously threatening the petitioner for dire consequences and also put undue pressure upon the petitioner for the compromise.
k. That if the bail granting order passed by the learned ASJ Rawalpindi is not recalled, the petitioner shall suffer an irreparable loss.

In the above mentioned circumstances, it is therefore, most respectfully prayed that the instant petition may kindly be accepted and bail granting order dated 21-11-2008 to the respondent No.1 may kindly be recalled and post arrest bail granted to him may kindly be cancelled which is in the interest of the justice.
Petitioner
Through

COUNSEL