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วันอาทิตย์ที่ 23 สิงหาคม พ.ศ. 2552

construction law degrees

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construction law degrees
Although the Electronic Transaction Regulation 2002, changes in Qunun-e-Shahadat to meet basic needs criterion of evidence regarding electronic transactions, such as Article 2 on the registration, Article 49-A acceptance of relevance of information generated by automated Information System Article 59 report of the Information Technology Officer, Article 73 concerning the adoption of the primary evidence of information received and transmitted in computer-based form of the transaction is automatically generated and also Article 78-A, which is a digital signature.

These changes of Article 184 Qunun-e-Shahadat also have references to the definition of "scientific equipment", and thus produces modern devices, although the definition of "modern" equipment has been recorded on video-films, but no legislative changes were made concerning the Extending the definition of probative value to e-commerce transaction reports.

With these changes it is not to suppose these changes will lead to the smooth functioning of the legal system. How the information will be automatically generated before the court, either server or client side response? Who is an expert? Instead, the power of expert has been defined, but he has the right to hack the security of the system? What is a basic criterion for the standard and an expert?
The proof of whether these documents contain or through oral testimony must be admissible in court. Certain admissible evidence probative force carries more weight or value than others. In relation to the rules of evidence, the admissibility or weight of probative force of evidence depends on whether the "best evidence" which had been submitted to the court.

In common law countries verbal instructions is a strong precedence over other forms of evidence, such evidence can only be admitted if it is supported by the person, the direct knowledge of the material he uses. Therefore, according to the "hearsay evidence Rule", a document can not be used as evidence if the author does not observe. In recent years a number of provisions were Qunun-e-shahdat to the hearsay evidence rule, because it effects computer generated evidence. Broadly, these provisions were designed so that a court admit computer evidence, although it is hearsay.

Article 78-A of Qunun-e-Shahadat, proof of the electronic signature has been amended by promulgation Electronic Transaction Regulation 2002, but complex problems can not be resolved by the amendment in an article we need to disseminate detailed digital signature legislation for the purposes of the Adjudication only e-commerce taxation.

All transactions in e-commerce is through the acceptance of terms by the customer, the website operator by pressing the assumption he learns that the legal obligation by terms and conditions for him. The goal of the digital signature laws regulating the site conditions of the contract and limit the introduction to all the terms that are invalid or illegal under the law of contract.

Pakistani law, at the time, with few exceptions computer records as hearsay evidence. There is currently no general legislation, the rules of evidence, particularly the rule against hearsay, to take account of computer technology. All companies would have this question in relation to the enforcement of contracts, via the Internet under Pakistani law. If Pakistan is to become a center for e-commerce, priority is the updating of the laws of the evidence for the companies and authorities to conduct their business over the Internet in a climate of legal certainty.

The author is an advocate of the High Court and practicing immigration and corporate law in Pakistan since September 2001. Author can be contacted by Adil Law Company (Advocates and Immigration lawyers) Office No. 3 2. Flr Hafeez Chambers 85 The Mall Road Lahore Pakistan Telephone: +9242-6306195 +9242- 6360108 Fax: + 9242 6360108 Mobile: +92300 4254910 E - mail: adil.waseem @ lawyer.com

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