Yearly Archives: 2014

The Role Of Judiciary In Promotion Of Culture Of Tolerance

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  • Post category:Law
  • Reading time:34 mins read

Introduction: The Judiciary is an institution of the highest value in every society and the Universal Declaration of Human Rights (Art 10) and the International Covenant on Civil and Political Rights Art 14(1) proclaim that everyone should be entitled to a fair and public hearing by a competent, independent judiciary. The rule of law is the foundation of a democratic society. The Judiciary is the guardian of the rule of law. Hence Judiciary is not only the third pillar, but the centre pillar of a democratic State. In a democratic country like Pakistan, where a written Constitution is followed, it is a supreme authority for all citizens and institutions. The authority to interpret the judicial complications is vested in the superior Courts. It is also the prime duty of the Judiciary to oversee that all citizens and institutions including the executive and the legislature act within the framework of constitution and the fundamental law of the land.[1] Now-a-days the judiciary is subjected to serve criticism with reference to the back log, inefficiency and corruption. No one can justify, if the allegations are correct. The back log is a common problem in countries were adversarial system of justice is enforced. This inherent problem surfaced in Pakistan due to executive’s being prejudice against judiciary and mismanagement of judicial system. Lack of interest in judicial reform, failure to cater the needs of judiciary in consonance with the needs of the growing population and its demands and above all keeping the judicial officers linked with the executive’s ranks and…

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Alternative Dispute Resolution (ADR)

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  • Post category:Law
  • Reading time:11 mins read

CONFLICT Conflict is a natural and inevitable part of all human social relationships. Conflict occurs at all levels of society-intrapsychic, interpersonal, intra-group, inter-group, intra-national and international (Sandole & Staroste, 1987). People with different beliefs, values and expectations effectively live in different worlds. It leads to: more they talk, more they experience frustration and hostility; may result in violent conflict. This course deals with conflict dynamics and cooperative process of conflict management-negotiation, meditation, facilitation, problem solving, and conflict resolution. CONFLICT RESOLUTION There are many ways to resolve conflicts - surrendering, running away, overpowering your opponent with violence, filing a lawsuit, etc. The movement toward Alternative Dispute Resolution (ADR), sometimes referred to simply as conflict resolution, grew out of the belief that there are better options than using violence or going to court. Today, the terms ADR and conflict resolution are used somewhat interchangeably and refer to a wide range of processes that encourage nonviolent dispute resolution outside of the traditional court system. The field of conflict resolution also includes efforts in schools and communities to reduce violence and bullying and help young people develop communication and problem solving skills. ALTERNATIVE DISPUTE RESOLUTION (APR) ADR can be thought of as a radically innovative set of ways and means and a radically different method for the resolution of conflict imposed on a culture featuring an adversarial and individualistic approach to dispute resolution. ADR innovation is often seen through the "lens" of the traditional adversary system- of course this typically leads to failure, causing its users…

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Legal Notice

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  • Post category:Law
  • Reading time:8 mins read

The phrase comprises of two words Legal and Notice. Words Defined. Legal means of or relating to law, falling within the Province of law, established, required or permitted by law ___ lawful ___ in accordance with law. Notice: means in formation, intimation, observation, knowledge, warning etc. A person has a notice of a fact or condition if that person has actual knowledge of it or has received information about it or has reason to know it, e.g. All prospective buyers were on notice of the judgment lien, etc Notice also means a written or printed announcement. It also means to notify i.e. to inform a person or a group in writing or any other method which is understandable e.g. To notify the law suit to all defendants. Notice means Take notice of -given notices to, serve notice on it has been noticed. A notice should be concise and clear, brief but comprehensive in expression. (Short) and complete including all or nearly all relevant elements or aspects. It should be Clear—not confused or doubtful. Object of the Notice: A notice is mostly and generally served on the opposite party i.e. defendant in civil matters in respect of duties and liabilities which are civil and pecuniary in nature aiming thereby to intimate and inform the proposed defendants of the claim or claims of the plaintiff so that these may be settled amicably if possible before knocking the door of Court. (2)     The object of giving a notice is to inform the addressee of a particular course which is…

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