Sunbal Islam Chaudhary’s scientific contributions

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Publications (3)


Khizer Hayat Judgment: Whether An Escape From The Responsibility To Sift Grain From The Chaff?
  • Article
  • Full-text available

March 2022

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174 Reads

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Abida Hassan

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Sunbal Islam Chaudhary

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The article examines critically the Khizer Hayat judgment of the Supreme Court of Pakistan whereby the falsus rule was made applicable to judicial proceedings across Pakistan. It will trace the history of the rule in common law jurisdiction, particularly those of Britain and India. Moreover, it will suggest that the judgment goes to great lengths to discuss the application of falsus in murder cases where a witness willfully implicates innocent along with guilty to seek revenge, however, it leaves no margin for mistake or memory lapse as an explanation for incorrect testimony. Additionally, it will assert that the reliance of the Supreme Court on Islamic injunctions to justify falsus rule is misplaced because the quoted Hadith and Quranic injunctions only condemn the false testimony, nowhere do they require disbelieving a witness who tells a lie in one part of his statement. In the end, the article will conclude that the issue of false testimony was well taken care of under Pakistan’s jurisprudence before Khizer Hayat. As proof, Justice Munir in his famous judgment Crown v. Ghulam Muhammad (1951) set forth the rule, if a witness is caught in a lie about a materiel part, his rest of the statement may be disbelieved unless strongly corroborated by circumstances or other available evidence.

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Significance And Challenges For The China International Commercial Court For The Settlement Of Commercial Disputes Under Belt And Road Initiative

February 2022

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150 Reads

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1 Citation

Multicultural Education

The Belt and Road Initiative (BRI) has resulted in more frequent cross-border commercial transactions between the Chinese and foreign enterprises that will keep increasing over time. These diverse commercial transactions may produce a large number of commercial disputes between the multinational enterprises in such enormous economic cooperation. In this scenario, an expeditious and efficient resolution of commercial disputes was necessitated to safeguard the rights and interests of the participating enterprises; otherwise, businesses and economic relationships may suffer. In other word, failure in guaranteeing the commercial transactions will successively frustrate the expectation of BRI. The Chinese government is very much vigilant about settling commercial disputes concerning BRI. Ambitious and visionary steps have been taken to establish a One-Stop dispute resolution forum for commercial disputes under BRI. China has established "China International Commercial Court" (CICC) for settling commercial disputes relating to BRI through litigation, mediation, and arbitration as a better. The CICC has applauded as a remarkable move in developing a novel, comprehensive, and reliable disputes settlement procedure. The advent of CICC represents strategic meanings for BRI to secure the rights and interests of Chinese companies and foreign enterprises. The significant factors of CICC will be highlighted in the research paper. Furthermore, it will also include the challenges faced by CICC.