Journal of Law and Society

1) LEGAL EMPOWERMENT OF SOCIETY AND REDRESSAL MECHANISMS ABOUT CONSUMER’S GREVEINCES- A CRITICAL EVALUATION OF THE PUNJAB CONSUMER PROTECTION ACT 2005
Author(s):Naeem Ullah Khan, Muhammad Nadeem

Abstract :

Issue of Consumers protection is a multidimensional one which needs to be coped through law. In 2005, the Government of Punjab province in Pakistan has promulgated a new legislation to resolve the problems of consumers. The Consumer Protection Law provides inexpensive and expeditious redressal of grievances to the consumers against faulty, defective and sub-standard products and services. A critical analysis of the PCA,2005 clearly reveals that there are still some lacunae in the Act. The case law development in the province of Punjab elucidates that there is a dire need to amend the PCA to make it more effective and consumer oriented. The possible way forward has been suggested to create awareness among consumers.
2) LIABILITIES OF TRANSNATIONAL CORPORATIONS: EMPOWERING THE STATE COURTS AGAINST EXTRATERRITORIAL WRONGS BY TNCS
Author(s):Muhammad Asif Khan, Pervaiz Khan

Abstract :

Imposing liability for extraterritorial wrongs by the Transnational Corporations (hereinafter TNCs) for violations of international norms can serve as an important relief for the affected parties. It has a considerable impact upon those who have suffered international wrongs by the TNCs. In the absence of any international court or tribunal providing remedies to individuals, the state courts can act as a principal mode of remedy for the claimants. There is a need to establish jurisdiction of the home state courts for accepting litigation against the TNCs for the extra territorial wrongs. The study of current state practice can help us move forward in establishing a more viable state jurisdiction against the international wrongs by TNCs.
3) THE LEGAL CONUNDRUM OF EXTRADITION VIS-A-VIS CONSTITUTION OF PAKISTAN 1973
Author(s):AneesIqbal, Muhammad Qaiser Shah

Abstract :

This paper makes analyses of the law relating to handing over of the alleged offenders to the requesting state. International law allows the states to enter in to treaties in order to make arrangements of apprehending alleged criminals who somehow run away from them and took refuge in another state. International law itself does not impose any obligation upon the state to surrender accused rather it leaves the state to enter (if they want to) into bilateral extradition treaty in order to exchange criminals for the stated offence mentioned under the treaty. Therefore the domestic law of the states mainly regulates the entire process of extradition of criminals. The focus of this paper is primarily to make a comparison of extradition act of Pakistan passed in 1972 with fundamental right to remain in Pakistan as guaranteed by the Constitution of Pakistan 1973. There are few instances where the superior courts in Pakistan has consistently given effect to the provisions of the act and allowed extradition of its own citizen to the requisitioning state. The paper analyses as to whether a citizen of Pakistan could be handed over to another state in the presence of fundamental right to remain in Pakistan, and whether the interpretation of the courts with respect to fundamental rights vis-a-vis extradition act of 1972 is in accordance with the letter and spirit of constitution as well as the principles of interpretation?
4) COMPOSITION OF THE SUPREME JUDICIAL COUNCIL, A CRITICAL ANALYSIS
Author(s):Muhammad Qaiser Shah, Anees Iqbal

Abstract :

The process of removal of judges of the Constitutional Courts in Pakistan is a part of the accountability of judges to ensure the independence of judiciary and rule of law. The Constitution has mandated a permanent disciplinary council called the Supreme Judicial Council to conduct inquiries against judges of the Constitutional Courts and give recommendations to the President, who has been authorized by the Constitution to take the final decision of removal. The present study focuses on the critical analysis of the composition of the Council keeping in view the generally recognized standards of fairness and impartiality. With the help of this study an attempt has been made to highlight the weaknesses in the process of removal. This study has identified the problems with the composition of the Council while it conducts inquiry against one of its own members including the Chief Justice of Pakistan and has recommended amendments regarding the possible improvements in the composition of the Council.
5) PARADIGM OF CRIMINAL JUSTICE SYSTEM: PROBLEMS AND SOCIO-LEGAL REFORMS IN PAKISTAN
Author(s):Muhammad Nadeem, Naeem Ullah Khan

Abstract :

The Criminal Justice System (CJS) provides the ultimate means to society for the protection of its individuals and rehabilitation of the criminals. Crime is an inevitable phenomenon in modern world. With the development of society new and complicated techniques have been applied by the criminals for the commission of offence and disturb the balance of the socio-economic fabric of a country. In this perspective, criminologists and sociologists have adopted individualistic and environmental approaches in order to explain the causation of crime worldwide. In the response of crime’s causation, punitive and therapeutic techniques and processes have been suggested. This paper elucidates various approaches regarding the causation of crimes and reaction to the crimes adopted by the state institutions. Moreover, this research elucidates the problems relating to the Criminal Justice System (CJS) and suggests the possible socio-legal reforms in the domain ofPolice, Courts and Prisons in Pakistan.
6) BOOK PIRACY IN PAKISTAN: ISSUES, CHALLENGES AND STRATEGIES
Author(s):Sobia Bashir, Ghalib Khan

Abstract :

Piracy is generally known as the deliberate infringement of copyright laws. This colossal phenomenon stems from social, economic and legal backgrounds. The idea of originality and authorship is inviolable and must be protected from pirates. Consequently, if this unlawful and illegal activity was not contained then it would mean “serving a death warrant to creativity”. The objectives of the current study were to examine issues and challenges of book piracy in Khyber Pakhtunkhwa (KPK), Pakistan and suggest strategies to control this heinous act. Based on qualitative approach an interview technique was designed to carry out the study. The population of study included registered publishers, legal professionals and academicians in KPK. A total of 10 publishers, 15 legal professionals and 28 legal academicians participated in the survey. The study identified various factors that contribute to book piracy in KPK. These factors include high prices of original editions of local and foreign books, and low costs of their counterfeited copies, lack of awareness on the part of general public, publishers and those who are involved in this criminal act, lack of training for the staff of investigation agencies, legal professionals and prosecutors, lack of educational background, and non-existence of foreign book publishers in Pakistan. They study suggests training courses for law enforcement agencies, prosecutors and judges, theestablishment of foreign book publishing houses in Pakistan,

Volume No. XLVIII

Issue No. 71

July 2017