2023

Browse

Recent Submissions

Now showing 1 - 13 of 13
  • Item
    Admissibility and applicability of evidence obtained through modern devices in pakistan
    (UMT.Lahore, 2023) Shehrin Khan; Hira Arshad; Javeria Afzal Tarar; Aneeqa Arshad Virk
    This research paper examines the admissibility and applicability of evidence obtained through modern devices in Pakistan from both a legal and technological perspective. With the rapid advancement of technology, modern devices such as smartphones, computers, and digital recording devices have become integral to the collection and preservation of evidence in various legal proceedings. However, the admissibility of such evidence in Pakistani courts remains a complex issue due to the challenges posed by emerging technologies and the need to uphold legal principles. To address this issue, the research analyses relevant Pakistani laws, regulations, and case precedents governing the admissibility of evidence obtained through modern devices. It explores the legal framework surrounding the authentication, reliability, and integrity of digital evidence and the application of the principles of chain of custody and hearsay in the Pakistani context. Additionally, the paper examines the role of forensic techniques and technological advancements in ensuring the accuracy and reliability of digital evidence. From a technological standpoint, the research evaluates the capabilities and limitations of modern devices in capturing, storing, and securing digital evidence. It discusses the challenges associated with the preservation and retrieval of electronic evidence, including issues of data tampering, encryption, and privacy concerns. Furthermore, the study explores the availability and accessibility of forensic tools and expertise necessary for the proper analysis and interpretation of digital evidence in Pakistan. By combining legal analysis with technological insights, this research aims to provide a comprehensive understanding of the admissibility and applicability of evidence obtained through modern devices in Pakistan. The findings of this study will contribute to the ongoing discourse on the development of robust legal frameworks and technological infrastructure necessary to ensure the effective utilization of digital evidence in Pakistani courts.
  • Item
    Under representation of women in legislation and executive bodies in pakistan as compared to the global world
    (UMT.Lahore, 2023) Hamza Latif; Babar Khan; Saber Khan; Talha Usman Rana
    In Pakistan, women are underrepresented in many areas of society, including politics, education, and the workforce. Conferring to information from the World Bank, the literacy rate for women in Pakistan is significantly lower than that for men, and females' contribution in the employment strength is also lower. In terms of political representation, women hold only a small percentage of spaces in the National Assembly and in the provincial assemblies. Additionally, traditional societal attitudes and cultural beliefs can limit the opportunities available to women and contribute to their underrepresentation in various fields. Females’ representation in politics is limited to a few names. But their contributions have clearly shown that politics is irrespective of gender. The underrepresentation of women in politics has significant theoretical implications for the democratic process. Research has shown that having more women in politics leads to more inclusive and representative policy-making, as women often prioritize issues that affect marginalized groups. Additionally, the underrepresentation of women in politics can reinforce societal gender stereotypes and perpetuate discrimination against women in other areas of society. This can also perpetuate the underrepresentation of women in politics as a self-fulfilling cycle. This study will present the significant elements that are associated with the issues and problems related with the women and women’s empowerment. It will present the detailed view about those aspects which must be observed by the government for making ease for the female citizens of the country so that they can also get empowered and can earn their living without depending on someone’s else. These factors can be observed in a detailed and an exploratory way so that the reader will get the knowledge and education about the aspects which are associated with such issues in the country. The rules, regulations and the legislation related with the women for their political and governmental jobs were also be discussed in this document. The future recommendations will help us in generating the positive aspects out of this view. Keywords: Legislation, Women’s Empowerment, Executive Bodies, Underrepresentation.
  • Item
    The loopholes in implementation of income tax laws in pakistan a roadmap from tax evasion to tax compliance
    (UMT.Lahore, 2023) Farhan Ali; Fatima Shoaib; Muhammad Umer Abdullah
    The issue of tax evasion is as old as tax itself. This study examines tax evasion, loopholes in its implementation and in particular the rising issue of tax compliance in Pakistan that has direct impact on revenue generation for the Tax authorities and Government. The objective of this research is to understand major determinants which influence tax evasion and the roadmap towards Tax compliance. This research provides a framework to understand the impact of Moral, socio-economic, behavioral, institutional and political aspects that leads to evading taxes. The study has in depth understanding of the loopholes in the legal system and the factors contributing to tax evasion in Pakistan and a cross regional contrast of tax system which identifies the issues in our Tax system, the process of collection and extreme legislation. All these factors contribute to tax evasion whereby elite class steals the tax and in the result the middle/lower class pays the price. The measures that may help tax authorities to encourage tax compliance in Pakistan, have also been highlighted in the last part of this thesis. The study concludes that the corruption, low Income level, Services income, self-employment, High income level, Marginal Tax Rate, Public Trust in Politician, Immense law making, complex tax system and Rule of law are negatively associated with tax compliance. The study also shows the roadmap from tax evasion to tax compliance by giving multiple recommendations. This study concludes that economic, moral and institutional factor is more strong determinants of tax evasion rather than demographic factors. Key words Tax Evasion, Tax compliance, transparency of Policy, Complex legislation, Rule of law, Massive tax, Low tax collecting Ratio, Tax Gap, Deterrence, fiscal policies, debts.
  • Item
    Comparative Analysis between state courts & arbitration
    (UMT.Lahore, 2023) Muhammad Fahad Riaz; Muhammad Bilal Usmani; Sikandar Aslam; Nasir Mahmood
    Litigation tensions have risen in tandem with the expansion of private disputes arises in our country. Countries are debating how to deal with extreme litigate conflicts and have enacted legislation to track the litigation disputes and put in place effect dispute resolution mechanisms. For some countries involved in various types of litigation disputes, Alternative dispute resolution is the preferred method of resolution. Alternative dispute resolution is the first option in some countries. This paper discusses the importance of resolving disputes in Pakistan, as well as the implementation and application of alternative dispute resolution and state courts. The first chapter gives a general overview of the topic, as well as a brief history of State Courts and Arbitration. This study is only concerned with Pakistan. The literature review of arbitration and state courts implementation are discussed in the second chapter. The legal framework and advantages and disadvantages has been detailed discussed in the third chapter. The third chapter looks at the role of judiciary in the country's arbitration and state court resolving disputes as well as at the qualitative approach used in the legal implications and benefits of Arbitration and state courts in legislation. The fifth chapter starts with the future aspects of arbitration and state courts in the country's development and ends with the recommendations and conclusion in the fifth chapter.
  • Item
    Cybercrime laws in pakistan
    (UMT.Lahore, 2023) Muhammad Ahmad Shahzad; Ahtasham Ali; Shah Amir Haider; Ali husain
    Cybercrime occurs frequently all across the globe. To disrupt a computer network, steal sensitive information, break into a financial institution or send money to an account is a form of cybercrime. As computers have become more integral to everyday life in every sphere, including business, entertainment and government, so too has the prevalence of cybercrime, particularly online. Cybercrime, also referred to as computer crime, involves using the Internet or a computer to commit illegal activities. The economic disruption, psychological disturbance, national security threat etc., that result from cybercrime and its effects on society. Computer forensics is still a relatively new field and most nations currently lack both the necessary expertise and the necessary information. It is an imminent danger and countries like Pakistan should take precautions against it adopt the appropriate anti–cybercrime legislation and procedures in order to successfully combat cybercrime. Understanding the causes and effects of cybercrime at different societal levels is essential for limiting these crimes. Cybercrime has been rising steadily in recent years. As a result, many people have been severely impacted. It has both a causal and an effectual impact on human suffering. As a result, a sizable amount of cybercrime is committed by computer specialists. Keywords: Criminal, Computer Crime, Child Pornography, Cyber Crime, Law and legislation, Human Suffering
  • Item
    Land laws and land reforms in pakistan
    (UMT.Lahore, 2023) Umer Hameed Bhumbla; Zubair Mushtaq; Ali Arshad; Abu Huraira
    Pakistan is one of the most populous countries in the world where the majority of the population is swaying around the idea of substantial life-holding and sustainable livelihood mingled with the unique socioeconomic pressure deliberated by the land laws and their wielding of political sovereignty. This paper will be delving into the land governance system in Pakistan and various associated interpretations of legal statutes currently operational in Pakistan. The purpose of the study is to analyze the current land law structure of Pakistan, how land settlement disputes are handled in the judicial system, and what advancements in law have occurred with time. Thepaper will provide for augmented scrutiny of land laws in Pakistan while probing the effectiveness of the current judicial procedure and laws, displacement, and how can the laws be improvised to a better justiciable outcome. The case examines the conflict between redistributive land reforms and their conformity with Islamic law. It focuses on the discussions and interpretations around the matter, as well as the judicious procedure attempted to evaluate the legality of Zulfiqar Ali Bhutto's government's land reform plans.
  • Item
    Honour killing
    (UMT.Lahore, 2023) Muhammad Abdullah; Danish Ali; Ali Raza Zahid; Rana Atif Javed
    Honour killing is a negative practice in Pakistan, particularly against women, which has been common throughout history. People justify such killing in the name of pride and honour of either themselves or the society. It is basically due to the patriarchal mindset of the society; where a woman is not treated as an individual of the society but as a property or commodity for their personal benefit. Especially in tribal areas it is a cultural practice that they punish women by killing them for breaking or refraining from following the traditional values and moral codes of the society in name of honour. Due to this practice a large percentage of women in Pakistan have been victimized and deprived from their basic and constitutional rights. This thesis focuses on the effectiveness of legislative amendment made in 2004 up till 2016 and various precedents upon honour killing and its control in the society. It also highlights the various external and cultural aspects, which leads towards honour killing. It focuses on how the state should focus upon legislative reforms as well as how to eliminate this cultural practice and enforce such reforms in the society.
  • Item
    Violation of women rights in afghanistan
    (UMT.Lahore, 2023) Syed Ali Daniyal; Ali Hassan; Waleed Tahir; Anas Khawar
    This thesis is regarding the violation that is being faced by women in Afghanistan and it is also highlighted that how these issues are not allowed by the new regime of Afghanistan to capture or discuss these issues. And there have been different laws discussed. There are also many basic reasons and number of issues and laws described. There is also a comparison of the different States with Afghanistan as regarding the situation of violation of women rights. It is also described that what is the stance taken by the Taliban government regarding the allegations from them, and there are also many of the logics given by them as They think that it is totally an Islamic concept, whereas what the laws regarding women are followed in other Islamic countries is also discussed so to clear the theory of Islam and Taliban. There are many of the references included in it where many of the reporters have clarified the issues faced by women and how at the huge level the number of violation has been faced by the women in Afghanistan. Whereas at the end there is also an conclusive discussion on all the issues and also the solutions have been discussed in international and Domestic level. How these issues can be resolved and how there issues have been considered seriously by United Nations and other powerful Groups of Organisations.
  • Item
    Human Trafficking, Pakistan, Laws & ways to control it
    (UMT.Lahore, 2023) Sheharyar Asjad; Ali Muhammad Khan; Mansoor Ahmad Mohsin
    This thesis is basically based upon the basic issue which is meant to be highlighted is the smuggling of the people illegally and there are many of the issues been faced by the people while doing this. And there is also described the reasons why people do that and the ratio of the people from different states who do this or the gangs in different countries who are involved in this trafficking. There are also international laws discussed here in it and what the actions have been take to control it. There is also an briefly discussion on the reasons why people do that and what happens to those people who are being affected due to this, All these issues are mentioned and other than it there is also a solutions to control it for example by overcoming on poverty. All these issues have been highlighted here
  • Item
    Afghan refugees and their legal status in pakistan
    (UMT.Lahore, 2023) Sayed Ali Ebad; Hasaan Atif; Muhammad Tufail; Asfand Nisar
    In a world where uncertainty and displacement prevail, the journey of Afghan refugees stands as a poignant testament to the complexities of seeking safety and refuge. This thesis embarks on an exploration of the intricate legal landscape that surrounds Afghan refugees, with a particular focus on their situation within Pakistan. By peering into the historical backdrop of refugee experiences, we begin to unravel the threads that have shaped their existence. Building upon this foundation, the study explores the laws, policies, and actions of the judiciary that directly impact the rights and protections afforded to Afghan refugees in Pakistan. Through an examination of the legal framework, this research sheds light on the challenges and gaps that emerge within the system. We uncover the impact of laws and policies on the legal standing and treatment of Afghan refugees, illuminating the obstacles they encounter in accessing their rights and essential services. Moreover, our exploration extends to the behavior and decisions of the judiciary, unveiling the ways in which their interpretations and rulings influence the legal landscape. We examine instances where the judiciary has championed the rights of Afghan refugees, while also addressing the hurdles they face in attaining justice. Within the context of living standards, we recognize the significance of international refugee law in safeguarding the well-being of Afghan refugees. We delve into the rights and entitlements guaranteed to them under international legal frameworks, while also acknowledging the vital role of the international community in providing assistance and protecti
  • Item
    A critical analysis of the legal framework on the issue of workplace harassment in pakistan and uk
    (UMT.Lahore, 2023) Zuneera Javaid; Khuzaima Jamshaid; Sultana Ayoub; Daim Aziz
    This thesis examines workplace harassment laws in Pakistan and compares them with those in the United Kingdom (UK). Workplace harassment is a prevalent issue that hampers employee well-being, productivity, organizational success. By exploring the legal frameworks in both countries, this study aims to shed light on the effectiveness and adequacy of existing legislation in addressing workplace harassment and to recommend the possible ways to prevent the workplace harassment. This thesis gives an overview of the definitions, forms of workplace harassment, laws, procedure, hindrances and recommendations in Pakistan and the UK. It then delves into a detailed examination of the legal provisions governing workplace harassment in each jurisdiction. The study considers relevant legislation, such as the Protection against Harassment of Women at the workplace Act 2010 in Pakistan, Amended Act 2022 and the Equality Act 2010 in the UK, along with any subsequent amendments and regulations. Furthermore, this thesis critically evaluates the strengths and weaknesses of the legal framework in both countries. It examines key aspects such as the scope of protection, definition clarity, available remedies and the role of enforcement agencies. In addition to the thesis, this study incorporates a sociocultural perspective, recognizing the impact of workplace harassment. It acknowledges the need to align legal provisions with broader social changes and challenges inherent biases and stereotypes. The finding of this thesis is to contribute to the ongoing discourse on workplace harassment laws in Pakistan and the UK. By highlighting the similarities, differences, and shortcomings of the legal frameworks, It offers insights for policymakers, lawmakers and stakeholders in both countries. The study concludes with recommendations for strengthening existing legislation, raising awareness, promoting a safe and inclusive work environment and legal aid to ensure the women safety. Keywords: workplace harassment, legislation, Pakistan, United Kingdom, critical analysis, legal framework, loopholes, recommendations, gender dynamics.
  • Item
    Critical analysis of legal safeguards against ethical discrimination in pakistan
    (UMT.Lahore, 2023) Mohsin Hassan; M. Ahmad Nadeem; Muhammad Salman; Rohail Kakar
    “You are free: you are free to go to your temples; you are free to go to your mosques or to any other places of worship in the State of Pakistan. You may belong to any religion, caste or creed- that has nothing to do with the business of the State… We are starting with this fundamental principle: that we are all citizens and equal citizens of one State”. Mohammad Ali Jinnah, address to the Constituent Assembly, August 11,1947. Even after the fundamental anti-racist principle set by the founder before the inception of Pakistan, Racial discrimination remains a significant challenge in Pakistan, affecting various ethnic and religious groups. Legal safeguards have been put in place to prevent and address racial discrimination. However, the effectiveness of these legal frameworks needs to be critically assessed. This thesis presents a critical analysis of legal safeguards against racial discrimination in Pakistan. The study examines the effectiveness of existing legal frameworks in addressing racial discrimination and promoting racial equality in the country. The research focuses on various national and international legal instruments, including the Pakistani constitution, legislation, and international human rights treaties. The thesis explores the conceptual framework of racial discrimination and analyzes its impact on individuals and society in Pakistan. The study evaluates the practical application of anti-discrimination laws through an examination of case law and judicial decisions.
  • Item
    Ijtehad in making islamic laws compatible with the modern Laws
    (UMT.Lahore, 2023) Ashrafullah
    Islam as a religion is a complete code of life. It is the last message of Allah SWT, which is flawless, safe and sound from every aspect. The basic origin of its commandments is the Quran and Traditions of the Prophet SAW. These commandments have ample of instructions for the guidance of human being related to fundamental beliefs, worships and external as well internal ethics. If Muslims are properly educated and well trained in these three fields then it is much easier for them to resolve other social, political and economical matters of life. The commandments of the Quran and Sunnah of Prophet SAW cannot be changed, and being a Muslim there is no way to ignore them. But the problems of human life are endless which arises from time to time and era to era. With new inventions of modern world new problems are taking birth. Problems also arise with combination of different cultures. With time problems changes and every problem needs to be given a solution. So these all matters and their solutions cannot be summed up in a single book. So the Islam has introduced the principle of Ijtihad to resolve all the issues when arises. Ijtihad does not mean to create something new in religion rather it interprets the point of view of the religion about that about the newly born problems. Ijtihad meant to interpret the view of religion in accordance with that period of time. The status of Ijtihad in shariah is same like fresh blood in the body, as it keeps the religion practicable in each era. It is the need of the time to resume the activity of ijtihad to progress with the modern world. So the fundamental objective of this research is to throw a light on the activity of ijtihad in different times and to revive the activity of ijtihad, so that Muslims could proceed with the modern world on the same front. This is to resolve the basic issues of Muslims regarding interpretation of the religion in accordance with the need of the modern world (Kausar, 2017).