Asghar A L I Mahar | Pakistan (original) (raw)

Videos by Asghar A L I Mahar

Golden word by J(R) Kazim Ali on delay in criminal trials ( judicial system is not at fault but o... more Golden word by J(R) Kazim Ali on delay in criminal trials ( judicial system is not at fault but operational and functional on the ground )

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Papers by Asghar A L I Mahar

This research paper examines the phenomenon of the globalization of tax rules in the context of a... more This research paper examines the phenomenon of the globalization of tax rules in the context of a de-globalizing world. It delves into the history of international tax cooperation, exploring major milestones and developments that have shaped tax rules and policies. The paper then analyses the current challenges posed by the rise of protectionist policies and nationalistic approaches to tax regulations, along with the role of technology in shaping tax rules in a de-globalizing world. Furthermore, the impact on taxation and international businesses is discussed, highlighting the consequences for multinational corporations, tax planning strategies, and compliance requirements. Finally, potential solutions and future trends are explored, including increased international tax cooperation, alternative tax models, and expected developments in tax rules amid de-globalizations.

S B L R 2022 Article 91 & LRC-HC-Karachi-Sindh Quarterly Digest, 2022, 2022

This paper will dispel the common misconception prevailing in the legal fraternity regarding the ... more This paper will dispel the common misconception prevailing in the legal fraternity regarding the issuance of processes under section 204 Cr.P.C. It will also assist in understanding the core issue, which even after the landmark ruling of the Supreme Court (in the Sarwar case), is being prevailed upon. Some of the unreported or not easily available case references are provided for ready reference, particularly for magistrates who face confusion while taking cognizance of the issuance of process against the accused who was let off by the investigation officer declaring him innocent but the court is dissatisfied with such recommendations.

LRC-HC-Karachi-Sindh Quarterly Digest, 2021

This article aims to dispel a common misconception introduced by the 2021 Investment Climate Stat... more This article aims to dispel a common misconception introduced by the 2021 Investment Climate Statement, which was supposed to be based on the 2020 World Justice Project (WJP) Rule of Law Index and has been contradicted by its articulator's retreating statements when some countries have countered them with proof that the whole data of the WJP was surmises-oriented and wrong, and, similarly, the Pakistan government. The Legal Research Cell has contributed to exposing the prejudicially introduced fallacy in order to safeguard the judiciary's reputation.

The paper is made up of legal points derived from judgments on various topics in order to assist ... more The paper is made up of legal points derived from judgments on various topics in order to assist judges.

IMPACT OF MILITANCY ON ADMINISTRATION OF JUSTICE IN FORMER PATA AND FORMER FATA, 2019

This paper explores the deliberate diversion of judicial business and powers to the executive wit... more This paper explores the deliberate diversion of judicial business and powers to the executive with flaws and ambiguities in-laws extended to than the former PATA and FATA and impact of such flaws laws and how it affected the administration of justice.

Abstract Disobedience of court order imports obstruction to the judicial proceeding, it is recog... more Abstract
Disobedience of court order imports obstruction to the judicial proceeding, it is recognized as an indirect contempt of court. Considered serious than the disruptive act to the judicial proceeding. This act of disobedience tends to subvert fairness or efficiency without the direct challenge of disruption1. The court is empowered to initiate the immediate proceeding against the disruptive act but in the course of the obstructive act, a plenary procedure is used to be initiated which is comparatively ineffective. It also draws an image of discrimination with regard to penalize the act of disobedience or contempt to an individual in comparison to a public servant for the same liability are inconsistently punished. Moreover, the act of disobedience committed by a public servant is a major cause of delay in adjudication and ensues sufferance for the litigant and also an adverse impact on the judiciary. The equity burdens, the equal treatment without any discrimination, for this the judges must have the power to detention the obstructor at once who offend against the court of law. And also empowered to deal summarily with the act and instantly to imprison the offender orderly without held a plenary trial. This paper suggests the act of disobedience committed by public servant be measured with the same scale by initiating a summary procedure.

Abstract To curb the menace of gas theft, law to prosecute gas offender is inadequate, ambiguous ... more Abstract
To curb the menace of gas theft, law to prosecute gas offender is inadequate, ambiguous and flawed as well. The legal deficiencies of this law provide offenders and defendants a technical way to escape from toil rather squeeze against them by punitive measures. It should be reformed with introducing identical substantive and specific procedural provisions. Besides pilferers, the improper management of the gas company its self is the one of the causes of the loss to itself by like lack of checking of leakage, improper reading of meters, measuring errors, the shift of bulk sales to the retail sector with minimum billings. To own the deficiencies would open the way for bitterness with prompt future initiative. This article is an effort to expose the gaps lying in law by adopting legal analysis approach; an accepted form of a qualitative method

Drafts by Asghar A L I Mahar

In the digital era, data has become a critical asset, necessitating robust legal frameworks to sa... more In the digital era, data has become a critical asset, necessitating robust legal frameworks to safeguard personal information and ensure privacy. This study offers a comparative analysis of Singapore's Personal Data Protection Act (PDPA) 2012 and India's Digital Personal Data Protection Act (DPDPA) 2023, examining their key provisions, compatibility with existing laws, and implications for data privacy. Both legislative frameworks prioritize the principles of consent, transparency, and security, reflecting their respective socio-economic and legal contexts.

Singapore's PDPA emphasizes flexibility and compliance across sectors, while India's DPDPA introduces comprehensive mechanisms, such as "privacy by design" and consent-based data processing, addressing the evolving challenges of digital ecosystems. This analysis highlights the strengths and challenges of each framework, providing valuable insights for Pakistan, which currently lacks a dedicated data protection law.

The study underscores the urgent need for Pakistan to adopt a data protection framework aligned with international standards, incorporating principles like consent, purpose limitation, transparency, and cross-border data safeguards. Recommendations include establishing a Data Protection Authority, integrating data protection with existing legal frameworks, and enhancing public and organizational awareness.

By learning from Singapore and India’s experiences, Pakistan can create a robust data protection regime that ensures individual privacy, fosters trust in the digital economy, and positions the nation as a responsible player in the global data ecosystem.

Legal Research publication , 2024

this tabular view is ready reference to for the assessment of legal fraternity The Constitution o... more this tabular view is ready reference to for the assessment of legal fraternity The Constitution of 1973 before the 26 th Amendment with the Constitution (Twenty-sixth Amendment) Act, 2024 and Constitution after incorporating the 26 th Amendment

LRC quarterly Publication , 2023

Women have always been the center of thought, the primary consideration, and the most exciting de... more Women have always been the center of thought, the primary consideration, and the most exciting desire for men. However, men have been made to look like monsters to women under the guise of misogyny. It has been asserted in 80% of the literature. Can a writer be such a pessimist? It is a misconception that only men can be misogynistic. In fact, a man as a father could be misogynistic, and a woman as a mother-in-law in some cases. It is a terminological conspiracy to cause a rift between the genders. Misogyny has no concern with religions, theological, patriarchal, or illiteracy, but can be a psychological issue with an individual under the influence of customs. Otherwise, both sexes possess an instinctively divine bond and unconditional love for each other. This is inductive research revolves around the question whether hate to women is not a gender discrimination but a social inclination under influences of customs and practice.

( Sri Lanka Judges Institute) -Judges Journal Vol. VII, 2021

Kids remain exposed to gadgats at an earlier age having deteriorated effect since their brain tis... more Kids remain exposed to gadgats at an earlier age having deteriorated effect since their brain tissues stay ten time more porous, youngsters absorb microwave radiation at a faster rate than adults. Belgium, France, Germany, and other technologically advanced countries are enacting legislation or providing warnings over children's usage of wireless devices.1 Overuse of cell phones has been linked to a variety of mental and physical health hazards. These include low IQ and incorrect mental development in children, sleep deprivation, brain tumors, and psychiatric illnesses. The most significant factor is distance; holding a cell

Legal Research Cell High Court Karachi Quarterly Report, 2021

The aim of this article is to educate the general public in Pakistan about the concept of mutuali... more The aim of this article is to educate the general public in Pakistan about the concept of mutuality. The thesis would investigate the existence and exceptions to the applicability of the mutuality principle, as well as the doctrine's precedential or statutory status.

Legal Research Cell Karachi High Court Sindh, 2021

The aim of this paper is to dispel the growing presumption that a rape victim's medical examinati... more The aim of this paper is to dispel the growing presumption that a rape victim's medical examination by a two-finger test is a violation of her right to privacy, digress, and bring a victim into disrepute, and that it is a legitimate necessity to investigate the matter in order to discover the reality.

Golden word by J(R) Kazim Ali on delay in criminal trials ( judicial system is not at fault but o... more Golden word by J(R) Kazim Ali on delay in criminal trials ( judicial system is not at fault but operational and functional on the ground )

6 views

This research paper examines the phenomenon of the globalization of tax rules in the context of a... more This research paper examines the phenomenon of the globalization of tax rules in the context of a de-globalizing world. It delves into the history of international tax cooperation, exploring major milestones and developments that have shaped tax rules and policies. The paper then analyses the current challenges posed by the rise of protectionist policies and nationalistic approaches to tax regulations, along with the role of technology in shaping tax rules in a de-globalizing world. Furthermore, the impact on taxation and international businesses is discussed, highlighting the consequences for multinational corporations, tax planning strategies, and compliance requirements. Finally, potential solutions and future trends are explored, including increased international tax cooperation, alternative tax models, and expected developments in tax rules amid de-globalizations.

S B L R 2022 Article 91 & LRC-HC-Karachi-Sindh Quarterly Digest, 2022, 2022

This paper will dispel the common misconception prevailing in the legal fraternity regarding the ... more This paper will dispel the common misconception prevailing in the legal fraternity regarding the issuance of processes under section 204 Cr.P.C. It will also assist in understanding the core issue, which even after the landmark ruling of the Supreme Court (in the Sarwar case), is being prevailed upon. Some of the unreported or not easily available case references are provided for ready reference, particularly for magistrates who face confusion while taking cognizance of the issuance of process against the accused who was let off by the investigation officer declaring him innocent but the court is dissatisfied with such recommendations.

LRC-HC-Karachi-Sindh Quarterly Digest, 2021

This article aims to dispel a common misconception introduced by the 2021 Investment Climate Stat... more This article aims to dispel a common misconception introduced by the 2021 Investment Climate Statement, which was supposed to be based on the 2020 World Justice Project (WJP) Rule of Law Index and has been contradicted by its articulator's retreating statements when some countries have countered them with proof that the whole data of the WJP was surmises-oriented and wrong, and, similarly, the Pakistan government. The Legal Research Cell has contributed to exposing the prejudicially introduced fallacy in order to safeguard the judiciary's reputation.

The paper is made up of legal points derived from judgments on various topics in order to assist ... more The paper is made up of legal points derived from judgments on various topics in order to assist judges.

IMPACT OF MILITANCY ON ADMINISTRATION OF JUSTICE IN FORMER PATA AND FORMER FATA, 2019

This paper explores the deliberate diversion of judicial business and powers to the executive wit... more This paper explores the deliberate diversion of judicial business and powers to the executive with flaws and ambiguities in-laws extended to than the former PATA and FATA and impact of such flaws laws and how it affected the administration of justice.

Abstract Disobedience of court order imports obstruction to the judicial proceeding, it is recog... more Abstract
Disobedience of court order imports obstruction to the judicial proceeding, it is recognized as an indirect contempt of court. Considered serious than the disruptive act to the judicial proceeding. This act of disobedience tends to subvert fairness or efficiency without the direct challenge of disruption1. The court is empowered to initiate the immediate proceeding against the disruptive act but in the course of the obstructive act, a plenary procedure is used to be initiated which is comparatively ineffective. It also draws an image of discrimination with regard to penalize the act of disobedience or contempt to an individual in comparison to a public servant for the same liability are inconsistently punished. Moreover, the act of disobedience committed by a public servant is a major cause of delay in adjudication and ensues sufferance for the litigant and also an adverse impact on the judiciary. The equity burdens, the equal treatment without any discrimination, for this the judges must have the power to detention the obstructor at once who offend against the court of law. And also empowered to deal summarily with the act and instantly to imprison the offender orderly without held a plenary trial. This paper suggests the act of disobedience committed by public servant be measured with the same scale by initiating a summary procedure.

Abstract To curb the menace of gas theft, law to prosecute gas offender is inadequate, ambiguous ... more Abstract
To curb the menace of gas theft, law to prosecute gas offender is inadequate, ambiguous and flawed as well. The legal deficiencies of this law provide offenders and defendants a technical way to escape from toil rather squeeze against them by punitive measures. It should be reformed with introducing identical substantive and specific procedural provisions. Besides pilferers, the improper management of the gas company its self is the one of the causes of the loss to itself by like lack of checking of leakage, improper reading of meters, measuring errors, the shift of bulk sales to the retail sector with minimum billings. To own the deficiencies would open the way for bitterness with prompt future initiative. This article is an effort to expose the gaps lying in law by adopting legal analysis approach; an accepted form of a qualitative method

In the digital era, data has become a critical asset, necessitating robust legal frameworks to sa... more In the digital era, data has become a critical asset, necessitating robust legal frameworks to safeguard personal information and ensure privacy. This study offers a comparative analysis of Singapore's Personal Data Protection Act (PDPA) 2012 and India's Digital Personal Data Protection Act (DPDPA) 2023, examining their key provisions, compatibility with existing laws, and implications for data privacy. Both legislative frameworks prioritize the principles of consent, transparency, and security, reflecting their respective socio-economic and legal contexts.

Singapore's PDPA emphasizes flexibility and compliance across sectors, while India's DPDPA introduces comprehensive mechanisms, such as "privacy by design" and consent-based data processing, addressing the evolving challenges of digital ecosystems. This analysis highlights the strengths and challenges of each framework, providing valuable insights for Pakistan, which currently lacks a dedicated data protection law.

The study underscores the urgent need for Pakistan to adopt a data protection framework aligned with international standards, incorporating principles like consent, purpose limitation, transparency, and cross-border data safeguards. Recommendations include establishing a Data Protection Authority, integrating data protection with existing legal frameworks, and enhancing public and organizational awareness.

By learning from Singapore and India’s experiences, Pakistan can create a robust data protection regime that ensures individual privacy, fosters trust in the digital economy, and positions the nation as a responsible player in the global data ecosystem.

Legal Research publication , 2024

this tabular view is ready reference to for the assessment of legal fraternity The Constitution o... more this tabular view is ready reference to for the assessment of legal fraternity The Constitution of 1973 before the 26 th Amendment with the Constitution (Twenty-sixth Amendment) Act, 2024 and Constitution after incorporating the 26 th Amendment

LRC quarterly Publication , 2023

Women have always been the center of thought, the primary consideration, and the most exciting de... more Women have always been the center of thought, the primary consideration, and the most exciting desire for men. However, men have been made to look like monsters to women under the guise of misogyny. It has been asserted in 80% of the literature. Can a writer be such a pessimist? It is a misconception that only men can be misogynistic. In fact, a man as a father could be misogynistic, and a woman as a mother-in-law in some cases. It is a terminological conspiracy to cause a rift between the genders. Misogyny has no concern with religions, theological, patriarchal, or illiteracy, but can be a psychological issue with an individual under the influence of customs. Otherwise, both sexes possess an instinctively divine bond and unconditional love for each other. This is inductive research revolves around the question whether hate to women is not a gender discrimination but a social inclination under influences of customs and practice.

( Sri Lanka Judges Institute) -Judges Journal Vol. VII, 2021

Kids remain exposed to gadgats at an earlier age having deteriorated effect since their brain tis... more Kids remain exposed to gadgats at an earlier age having deteriorated effect since their brain tissues stay ten time more porous, youngsters absorb microwave radiation at a faster rate than adults. Belgium, France, Germany, and other technologically advanced countries are enacting legislation or providing warnings over children's usage of wireless devices.1 Overuse of cell phones has been linked to a variety of mental and physical health hazards. These include low IQ and incorrect mental development in children, sleep deprivation, brain tumors, and psychiatric illnesses. The most significant factor is distance; holding a cell

Legal Research Cell High Court Karachi Quarterly Report, 2021

The aim of this article is to educate the general public in Pakistan about the concept of mutuali... more The aim of this article is to educate the general public in Pakistan about the concept of mutuality. The thesis would investigate the existence and exceptions to the applicability of the mutuality principle, as well as the doctrine's precedential or statutory status.

Legal Research Cell Karachi High Court Sindh, 2021

The aim of this paper is to dispel the growing presumption that a rape victim's medical examinati... more The aim of this paper is to dispel the growing presumption that a rape victim's medical examination by a two-finger test is a violation of her right to privacy, digress, and bring a victim into disrepute, and that it is a legitimate necessity to investigate the matter in order to discover the reality.

Abstract To curb the menace of gas theft, law to prosecute gas offender is inadequate, ambiguous ... more Abstract
To curb the menace of gas theft, law to prosecute gas offender is inadequate, ambiguous and flawed as well. The legal deficiencies of this law provide offenders and defendants a technical way to escape from toil rather squeeze against them by punitive measures. It should be reformed with introducing identical substantive and specific procedural provisions. Besides pilferers, the improper management of the gas company its self is the one of the causes of the loss to itself by like lack of checking of leakage, improper reading of meters, measuring errors, the shift of bulk sales to the retail sector with minimum billings. To own the deficiencies would open the way for bitterness with prompt future initiative. This article is an effort to expose the gaps lying in law by adopting legal analysis approach; an accepted form of a qualitative method

The police Rules, 1934 is hardly available for readers so for their ease and easy approach docume... more The police Rules, 1934 is hardly available for readers so for their ease and easy approach document is produced here.

Federal Law Journal(FJA) p-ISSN:2959-3670|e-ISSN:2959-3727, 2022

This study investigates the issue of usury, a menace that has ruined the lives of the financiall... more This study investigates the issue of usury, a menace that has ruined the lives of
the financially downtrodden. Then, when they're in a bind and can't come up
with the cash, they turn to monygoons, where they're exploited if they can't pay
it back by taking increasingly drastic measures. An additional goal is to learn
the measures the court has taken to end the curse of interest. In order to find the
answer, the author examines a broad area of sources that include the Holy
Quran, the Bible, the Zabur, the Hadiths, the Pakistani constitution, statues, the
views of Islamic scholars, reports of the Council of Islamic Ideology, articles by
distinguished writers, and case law (judgments from the Supreme Court, High
courts, and Federal Shariah Courts) to explain to readers what the remedy for
society to get rid of this misery should be. This article exposes the evils of usury,
which prevail under the guise of its fickle nomenclature.

NIl, 2020

Provisional inconsistencies, ambiguities, and gaps infuse confusion which are core reasons of not... more Provisional inconsistencies, ambiguities, and gaps infuse confusion which are core reasons of not only delay in the proceeding but brings illegalities too. This Proposal is a minor effort to identifying such inefficiencies and appropriate suggestion for amendments and reforms.

This insightful book provides a detailed examination of the observations made by judicial officer... more This insightful book provides a detailed examination of the observations made by judicial officers during the British colonial period regarding local customs and societal conditions. Through meticulous investigation, the author presents a vivid account of how these officials perceived community practices and the prevailing conditions of poverty and literacy. The text explores the inception of the Anglo-legal system and its impact on the legal landscape, revealing the challenges and shortcomings faced by both the system and the local population. Despite the passage of time, many of the issues highlighted by these early judicial officers continue to resonate today, offering a compelling reflection on the enduring complexities of legal and social structures.

it is a summary view of the famous book written by Professor Joel P. Trachtman “The Tools of Argu... more it is a summary view of the famous book written by Professor Joel P. Trachtman “The Tools of Argument: How the Best Lawyers Think, Argue, and Win”

Federal Law Journal(FJA) Islamabad , 2022

It is a comparative study of prevalent laws on the right of adoption of a child by either Hindu o... more It is a comparative study of prevalent laws on the right of adoption of a child by either Hindu or Muslim parents. In this study, the loopholes revealing incumbent statutes are identified.