Doctrine of Just and Equitable Winding Up as Minority Shareholders’ Remedy in Pakistan

This article examines the doctrine of just and equitable winding as a minority shareholders' remedy in Pakistan. This is a residual remedy and developed with the passage of time for the protection of minority shareholders in the UK. The courts in the UK have established different views regarding circumstances in which remedy may be sought. In some cases, the court held that the jurisdiction of winding up is not different from unfair prejudice. Therefore, this article will further discuss the possibility of seeking remedy viz a viz other minority shareholders’ protection mechanism such as remedy against unfair prejudice.This article is based on qualitative research. The doctrinal and comparative research methods have been applied in the research. This article concludes that the remedy of winding up on just and equitable grounds may be effective only when the grounds for seeking remedy are wider than the unfair prejudice remedy

The Story Model of Judicial Decision-Making and Reasoning With Evidence

The argumentative approach, the probability approach, and the story model are the three normative frameworks to reasoning with judicial evidence. The story model describes that judges reach the final conclusion by going through three different stages. The model also offered certainty principles, including evidential coverage, coherence, consistency, plausibility, and structural completeness to evaluate the stories. Different researchers have criticized the story model by pointing out that the model does not elaborate the meaning of evidential coverage and plausibility. Additionally, the story model has also been charged on the ground that it does not guide how to evaluate evidential coverage or plausibility of a story and how to select the best story when judges make more than one story. The present study demonstrates that these shortcomings may be overcome by using anchored narrative theory, causal abductive reasoning, story schemes, critical questions, and principles of inference to the best explanation.

Right to Financial Empowerment of Women: An Analysis of Sharia

The position of women in the pre-Islamic era in the period of ignorance, called Jaliyah before the dawn of Islam, was very miserable. Women were just treated as inferior beings under customary tribal laws existing in Arabia. The inheritance was mostly passed by the male heirs, and the women had no property rights. In this article, a descriptive evaluation has been done regarding the distinctive Privileges given to women in Islam: Maintenance for women as a wife and daughter. The nation of maintenance in Islamic Law/Sharia was to provide support to the one not having the capability to maintain oneself; maintenance involves the fulfilment of basic requirements of a person for sustenance, e.g. niceties of life. In the circumstances where a woman gets half of the man’s legacy, the lady’s new income is safe by the Sharia and is hers to allocate with as she desires.

Constitutional Status of FATA: Pre & Post Merger Comparison of Legal & Administrative System

FATA, located in northwestern Pakistan, was once a battlefield for nineteenth-century imperial domination. Soon after Pakistan's independence, various tribes admitted allegiance to the state. There was a separate political and administrative system in FATA; this system retained the traditional way of 'JIRGA' system in these areas, which were included in the 1973 constitution of Pakistan. After the 9/11 terrorist attacks on the world trade center and the pentagon, FATA became the front-line region in War on Terror, which greatly affected the area. The people of FATA faced exploitation of their rights in the past. The government of Pakistan in 2018 took a great step towards the development of FATA by its merger into KP, which was a great change in the status of the area, supported by different political parties.

Proactive Role of Public Prosecutors in the Administration of Criminal Justice: A Way Forward for Pakistan

The public prosecution service is an inevitable feature of the Criminal Justice System (CJS). A key position is assigned to the public prosecutor in the administration of the CJS, who exercises considerable powers and responsibilities, who acts with independence, impartiality, and integrity. In present era, neither the rule of law can be upheld, nor can the human rights be protected without effective role of prosecution services that has become one of the essential pillars of the CJS, an essential component of the Rule of Law,powerful center having a lot of authorities and center of attraction. The world is moving towards a prosecutorial justice system. With the help of comparative and qualitative research methodology, this article aimed to analyze the role and function of the public prosecutor in the CJS of different legal systems that enable us to revamp our system in the right direction for making it efficient expeditious, and cost-effective.

Federalism and Provincial Autonomy in Pakistan: A Case of Balochistan

The present study intends to explore the various aspects of the issue of provincial autonomy in the entire federation of Pakistan in general and in Baluchistan in particular and prescribes their possible resolution. Although federal system of government remains essential for diverse societies like Pakistan, it has not been able to lessen the grievances of its various units, particularly Baluchistan, over the period of time due to poor implementation of the policies. The 18th amendment in the constitution discourages the centralization of power and demands political and economic autonomy of the smaller provinces like Baluchistan, but the authoritarian trend of our political system has never permitted it to happen. The study suggests that deprivation of the people of Baluchistan can be ended by strengthening the federation of Pakistan with the help of a few viable steps like Decentralization of power and restoration of democratic values.

The Nexus between Fundamental Rights and Necessities of Life: A Case Study of Pakistan

The Constitution of Pakistan 1973 protects its citizens by guaranteeing some fundamental rights. It is, however, a matter of great concern that these rights do not cover the "right to access the necessities of life like access to clean water, food, clothing, shelter, and medicine etc". It, thus, leads imperfection of the constitutional rights. Therefore, this study aims to highlight this gap by evaluating the constitutional fundamental rights in the light of the necessities of life. This study concludes that lack of access to the necessities of life has made the people least concern towards the national issues and development of the country. Hence, this paper recommends filling up this gap and to incorporate the "right to access to the necessities of life" in the Constitution 1973.

Analytical Exposition of 'Right to Life' with Reference to Judicial Decisions in Pakistan and India

The right to life is an integral right which basically is a necessary requisite to enjoy other rights. This paper begins with an overview of the basic and essential right in which the meaning of life is analyzed and then focuses on how the right to life gains importance in every legislative document and world's perspective to enhance its scope and also its application. On the one hand, this paper analyses the inviolable nature of this fundamental right, but on the flip side, it focuses on the non-absoluteness of this right. Moreover, this article discusses landmark cases decided by the Indian and Pakistani judiciary, which encompass such utilities and facilities that naturally a free-born person in a sovereign country is entitled to enjoy, but all such amenities are subjected to the law of their lands.

Towards the Establishment of Family Dispute Resolution Center in Pakistan

The researchers have articulated the developments of family dispute resolution in Pakistan and highlighted issues pertaining to its legal framework and customary practices existing in the social and legal system. The library used as a tool for data collection, and internet sources consulted in this research. Doctrinal and qualitative methodologies used for this study and data analysis carried out through analytical and critical review along with the interpretation of laws. This article is very significant for the understanding of gaps to accommodate FDR methods and practices to expedite adjudication processes. Furthermore, the article is lightening on the issues of dispute resolution and interaction of local government systems to cater to customary mal-practices. Therefore, FDR is the most flexible, efficient, and preferred choice for family dispute resolution in the developed legal discourse. This article is advocating in favor of FDR, aiming to reconciliation in the matrimonial disputes, to prevent the dissolution of marriage cases.

Implications of Reforms for Erstwhile FATA: A Critical Analysis

The FATA reform process is not a one-time exercise that could be completed through certain legal and administrative action but is a multi-dimensional process with short, medium and longer-term dimensions. The government has set up an 11-member task force to speed up the implementation process and pay special attention to the proposed legal reforms, FATA’s development and the security mainstreaming of FATA. To oversee this process, a high-powered National Implementation Committee, set up in 2017, is tasked to regularly review the progress of the FATA reform on the basis of periodical reports of the Task Force. The proposed reforms packages, besides envisaging reforms at different spheres, also aims to bring bringing about brighter socio-economic prospects to the tribal areas. It could be said that the reforms are also pivoted around boosting the socio-economic status of the tribal people. This paper presents a critical analysis of the merger plan and also critically examines the implications of reforms for FATA.