University of Judicial Sciences and Administrative Services

A competition-friendly environment is a must for steady economic growth, which is a driving force for developing countries such as Bangladesh. A cartel is a potential barrier to promoting consumer welfare and overall market development. Hence, competition law is vital in supervising the market with its anti-cartel enforcement policies. Since this is a global phenomenon, countries have experimented and taken different strategies to combat cartels in their jurisdiction accordingly. Being a young competition jurisdiction, Bangladesh has a simple enforcement policy restricted to fines, but the cartel detection rate is quite unsatisfactory. This article aims to find the loopholes for anti-cartel enforcement in Bangladesh. It looks for a sustainable solution, especially introducing dawn raids, leniency mechanisms, and some other structural modifications, taking inspiration from global practices to address cartels in the Bangladeshi market. Dhaka University Law Journal, 2025, 36 (1), 193-207

This research examines Pakistan’s framework for paying compensation to crime victims, defined in Section 544-A of the Criminal Procedure Code, 1898. It brings to light an important flaw (i.e., the lack of an explicit mechanism for the quantification of compensation awards). A review of pertinent legal precedents shows glaring disparities and possible inequities arising from the lack of a standardized mechanism. To fill this gap, we look at the Islamic concept of diyah as a potential basis for an equal and efficient system. Our proposed model brings forth some of the essential features of diyah, such as emphasizing punishment for criminals, facilitating reconciliation and mediation among affected parties, and ensuring robust judicial checks and transparency. We aspire to improve on the inadequacies of the current system through these principles. However, we understand that the feasibility of bringing into operation a framework based on diyah remains uncertain. Challenges involve coping with the complexity of integrating Islamic and secular legal traditions, guaranteeing fairness and preventing discrimination, and attaining common acceptance by the parties. Ultimately, this research contends that incorporating diyah principles into Pakistan’s victim compensation framework offers a promising pathway towards greater fairness, consistency, and social cohesion within the criminal justice system. This, in turn, can enhance access to justice for victims and contribute to a more just and equitable society.

Human rights and access to justice are fundamental pillars of any democratic society, serving as the bedrock for the protection of individual liberties and the rule of law. In Pakistan, where the Constitution of 1973 embodies principles of democracy, rule of law, and protection of fundamental rights, understanding the interplay between international human rights standards, constitutional provisions and mechanisms for access to justice is paramount. This research studies international standards on access to justice, examines the constitutional framework governing rights and justice in Pakistan, explores key provisions, landmark case laws, and the roles of relevant institutions.The research delves into international principle and guidelines on access to justice, the constitutional provisions safeguarding fundamental rights, including the right to life, liberty, equality, and due process, as enshrined in Articles 4, 9, 10, 14, and 25, (Constitution,1973) among others. It analyzes significant case laws from the Supreme Court of Pakistan which have shaped jurisprudence on constitutional rights and access to justice. Furthermore, the research highlights the roles of institutions like the judiciary, human rights commissions, legal aid organizations, and ombudsman institutions in promoting and protecting constitutional rights and facilitating access to justice for all citizens. By critically examining the constitutional provisions, case laws, and institutional frameworks, this research aims to provide insights into the challenges and opportunities in realizing constitutional rights and access to justice in Pakistan. It seeks to identify gaps in the legal framework, propose reforms for enhancing access to justice mechanisms, and offer recommendations for strengthening the protection of constitutional rights in line with international standards and best practices. Ultimately, this research contributes to the discourse on the intersection of international human rights law, constitutional law, and access to justice in the Pakistani context, with implications for policy, legal practice, and societal development.

The Preamble to the Constitution of India declares the constitution to be a people’s document and it also sets basic objectives sought through the constitution. Even the apex court of India has stated that preamble is a key to open the minds of the framers of the constitution1. In such a scenario, the preamble to the Constitution of India holds an important place as the guide to the legislators. But the preamble to the Indian Constitution has no mention of ‘Environment’ which needs to be interpreted in the light of other philosophical aspects including Justice (social, economic and political), Liberty (of thought, expression, belief, faith and worship), Equality (of Status and opportunity); and Fraternity (assuring the dignity of individual and the unity and integrity of nation). The environment is one of the basic elements which contributes to the growth of human being2 and in such conditions the requirement of a clean and unpolluted environment is necessary for an individual’s growth, therefore, the equal access to clean environment becomes a right on part of individuals and a duty\ on state to provide every individual with a clean environment. This paper will attempt to elaborate the different perspectives of the Environment under the head Justice; and a further investigation regarding the religious aspects of environment and their contribution to the environmental pollution will also be done.

O objetivo deste estudo foi analisar evidências científicas que utilizaram diferentes tipos de metodologias e proposições sobre o uso de aplicativos móveis para gestantes, no contexto do pré-natal odontológico, através de uma revisão integrativa da literatura. De acordo com a metodologia PICO, a busca foi realizada entre os meses de outubro/2019 a abril/2020, nas bases de dados MedLine (via PubMed), Google Scholar e a biblioteca virtual SciELO. A pesquisa identificou um total de 484 artigos sendo 102 artigos provenientes da literatura branca e 382 artigos da literatura cinzenta. Dos 47 artigos incluídos no estudo, 33 (70%) artigos relataram o uso de aplicativos ou protótipos de aplicativos em sua metodologia e 14 artigos avaliaram somente a efetividade dos aplicativos, sem citar nenhum aplicativo específico. Em relação aos artigos que descreviam a usabilidade de aplicativos móveis no período do pré-natal, 70% concluiu que os aplicativos móveis avaliados foram capazes de desempenhar um papel importante na melhoria dos resultados em saúde e forneceram soluções adequadas para a melhoria na qualidade de atendimento no período do pré-natal. Concluiu-se através dessa revisão integrativa que existe uma escassez na literatura científica relacionada a aplicativos móveis para pré-natal odontológico sendo um campo amplo a ser explorado.

Could a debt also be the subject of a donation? Some jurists believe that such a donation is not appropriate due to the impossibility of a debt acquisition. This group of jurists believes that donating debts is a payment to the debtor not in the form of a donation but in the form of a release, since the result is the same: the fall of a debt. The donation of debts to a third party is also considered to be void by this group. In contrast, it is argued by another group of jurists that the acquisition should not solely be interpreted as material possession since the objective of the acquisition is to donate the property that is the subject of the acquisition. This also occurs in debt acquisition. In addition, as we know, if the subject of a donation is in the possession of a donee, no acquisition is required. In this regard, the debts also become the debtor’s acquisition since it is his obligation. Although both the donation and release lead to the same result, their initial effects are different: a donation results in the possession of a debt, and the release leads to the fall of a debt. Such a difference would raise further differences. Regarding the donation of a debt to a third-party, the same happens as the third party possesses a debt after donating it, so that he can be referred to as the debtor, resulting in both domination and acquisition. Accordingly, the donation of a debt to a third-party should also be considered appropriate. This paper focuses on the views of Imami and Hanafi Schools of law in this regard.

The criterion for determining the responsible cause is different in different perspectives. The actus (material) view identifies the responsible cause solely on the basis of criteria such as the time of creation of the cause; In contrast, conventional causal perspectives provide normative criteria for identifying the responsible cause. The cause, in proportion to the criterion of the predictability of the damage, explains the responsible cause in such a way that there is an appropriateness between the cause of the damage and the type of damage. Shortcomings The ability to predict damage is a criterion which is also used in the position of guilt detection and is also used to limit the level of responsibility in terms of some fair (equity and impartiality) considerations; Thus, it is necessary to explain the functions of this criterion in different positions. The approach of the Islamic Penal Code, enactment of 2013 (1392 in the Solar Hijri calendar), as the latest indicator of the will of the legislator, includes the obvious features of the appropriate cause. Criticisms of this approach are like the criticisms that have been made in Common Law, the realists have objected of appropriateness cause. It cannot be the cause in the legal world as an abstractive subject of merely mechanically, therefore the set of factors which cause the identifying of responsible cause has material and immaterial aspects. According to this study, the criterion of the ability to predict the damage is considered as an immaterial aspects of legal cause.

The approach based on the constitutionalization of criminal institutions is one of the most effective strategies for organizing the discourses aimed at safeguarding fundamental rights and freedoms of citizens against the state power. Aiming at alleviating the damage caused by unnecessary imprisonment and systematizing the Iranian judicial procedures in selection of this punishment necessitates finding a solution in this regard in legislative and judicial criminal policy-making levels. Doing so, constitutionalization of adopting the "minimum legal punishment of imprisonment" and recognizing this approach as a "legal principle" is one of the strategies that can play a pivotal role in realization of the foregoing goals. In this article, through relying on the principle of criminal minimalism, the way of applying this principle in the selection of imprisonment in Iranian and French legal systems as well as Islamic jurisprudence is studied comparatively.

جرایم پزشکی به دلیل قرار گرفتن در زمره جرایم تخصصی سیاست جنایی افتراقی ای را مطلبد که بر مبنای شناخت صحیح از این دسته جرایم، جرم انگاری و کیفر گذاری شود، در این بین نمی توان تآثیر مجرمین این حوزه به دلیل جایگاه خاصشان در جامعه بر سیاست جنایی را نادیده گرفت. در این مقاله سعی شده است از دید جرمشناسی انتقادی و شاخه های آن از جمله جرم شناسی مارکسیستی، جرم شناسی فمنیستی و جرم شناسی پست مدرن، به سیاست جنایی ایران در حوزه جرایم پزشکی با هدف آسیب شناسی و اصلاح و نه انکار کلی این سیاست جنایی به طوری که در جرم شناسی انتقادی مطرح است پرداخته شود. به منظور نیل به این هدف بخشی از مقررات مصوب در این حوزه از جرم انگاری تا کیفر گذاری و نحوه رسیدگی در پرتو جرم شناسی انتقادی بررسی شده و سعی شده است تا جایگزین های مناسب یا طریقه اصلاح این مقررات بیان شود.

The term "citizenship" refers to an identity between a person and a city, state or nation. When combined with the term "global", it typically defines a person who places their identity with a "global community" above their identity as a citizen of a particular nation or place. The idea is that one’s identity transcends geography or political borders and that responsibilities or rights are or can be derived from membership in a broader class: "humanity". The message of Global citizenship is that the core social, political, economic and environmental realities of the world today should be addressed at all levels - by individuals, civil society organizations, communities and nation states - through a global lens. The lack of a global democratic government that is accountable and responsible against citizens in the face of global challenges, demonstrate the ineffectiveness and lack of effectiveness of the world existing structures. Therefore, to supplement the existing structures, global citizenship is performative and citizen-oriented. Citizens through information and communication networks participate in solving global issues, including environmental problems, human rights, peace and global poverty. This type of citizenship is promoted thorough information technology, environmental, multicultural and human rights education.