The significance and importance of corporate social responsibility requires that companies must take into consideration the multi-stakeholder interests ranging from environment, economic and other social impacts of corporate actions. The profiteering of corporations has made business actions questionable which is particularly evident in developing states.This article encompasses issues of corruption and bribery in commercial transactions as a corporate social responsibility aspect and sheds light on shareholders’ derivative right of actions for the implementation of CSR issues. It also looks into mandatory bars on derivative claims and relationship of CSR to derivative claims considering the social responsibilities of shareholders in corporations. This potentially establishes that breach of duties on the part of directors and other corporate wrongs damaging society at large are required to be taken to courts and need to be remedied.
The role of forensic and chemical expert evidence is increasingly vital due to technological and scientific advancements changing the social, economic, political, and cultural trends. This paper considers exploring the role of forensic and chemical expert's evidence under the control of narcotic substance laws as prevail in Pakistan.The analysis is conducted on cases involving section 9(C) CNSA 1997 from the last five years, 2017-2021. To further narrow down the research, the cases were limited to the petitions filed for leave to appeal in the Supreme Court for the reappraisal of evidence which afforded an opportunity to see how the superior courts in Pakistan have been dealing with the cases involving forensic and chemical analyst's reports. The result of the analysis suggests that the legal framework for control of narcotics is well developed, and judicial policy is to consider expert evidence in corroboration with other material facts otherwise the expert evidence is excluded.
Post-mortem is a scientific examination conducted post-death in order to find out the cause of death as well as the traces of the perpetrator of the crime if it is homicidal. This examination gives a direction to investigative machinery to start its investigation to find and prosecute the accused and exonerate the innocent accused in the case. Additionally, it is complicated as well, depending upon various essential and important factors, which are vital for the admissibility of medical evidence in a criminal trial and this article focuses on these issues. These essentials factors include the performance of examination only by a registered autopsy surgeon or pathologist; who is an expert in the knowledge of diseases, the carrying out of a detailed and careful examination; on the crime scene and in the mortuary, preparation of the factual and objective medico-legal report; which is free from personal feelings and opinions of the medical expert.
The lack of legal instruments and regulations pertaining to the coordination of the arbitral awards and the decisions of courts highlights problems facing the implementation of arbitral awards in foreign jurisdictions.Since commercial arbitration is a discourse of international character which invariably involves parties from different jurisdictions, the case resultantly gives rise to issues such as conflict of laws, choice of laws and multiplicity of proceedings on the same cause of action. This situation allows parties to commence litigation at multiple forums, paving a way for issues like that of Lis Alibi Pendens to arise. This paper examines the principle of Lis Alibi Pendens in commercial arbitration and also assesses its application in different jurisdictions in general and in the context of Pakistan in particular. This article analyses existing cases and regulations on this subject and provides for an adequate level of understanding, certainty and reliability which is required by the parties in commercial arbitration. It also expounds on ambiguities and complex issues in order to equip policy makers and practitioners to better understand such concerns.
This article encompasses an analysis of provisions of NAB 1999 on the touchstone of their conformity with the injunctions of the Quran and Sunnah. The argument advanced in this respect is based on Article 203(d) of the Constitution of the Islamic Republic of Pakistan, under which FSC is vested with the power of examining and deciding questions of law tainted to be contrary to the injunctions of the Quran and Sunnah. Arguments made in this paper challenge Section 9(a)(iv) and Section 14(c) and (d) which are not in consonance with the injunctions of Islam, as appeared in the Quran and Sunnah. Pakistan's Islamic identity necessitates such questions pertaining to un-Islamic provisions in the laws of Pakistan always yielded debates and different opinions of scholars. Analysis of the NAB ordinance and its provisions discussed in the paper, which does not conform to the injunctions of Islam would inform and invoke legislators to reform legislation in Pakistan.
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