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CASE ANALYSIS: BACHAN SINGH V. STATE OF PUNJAB AIR 1980 SC 898 案例分析:bachan singh诉旁遮普邦航空公司案(1980 sc898)
THE JOURNAL OF UNIQUE LAWS AND STUDENTS Pub Date : 2021-11-15 DOI: 10.59126/v1i3a20
Aarush Bharadwaj
{"title":"CASE ANALYSIS: BACHAN SINGH V. STATE OF PUNJAB AIR 1980 SC 898","authors":"Aarush Bharadwaj","doi":"10.59126/v1i3a20","DOIUrl":"https://doi.org/10.59126/v1i3a20","url":null,"abstract":"One of the most hotly debated topics of criminal law is the death penalty/capital punishment. While the death penalty has been abolished in the majority of countries throughout the world, it remains legal in India. The Indian legislature and judiciary continue to believe that death punishment is justified in some instances. Murder, rape, terrorism, offences under defence laws, and narcotics offences under certain conditions can all result in the death penalty in India. The case in question has become a hot topic in terms of the death penalty. Many legislative initiatives were undertaken after the Constitution to address the practicality and legality of death punishment. In 1973, the Criminal Procedure Code was amended, requiring \"special reasons\" for the imposition of a death sentence, based on the recommendations of the 35th Law Commission Report. \"However, taking into account the conditions in India, the diversity of social upbringing of its inhabitants, the disparity in the level of morality and education in the country, the vastness of its area, the diversity of its population, and the paramount need for maintaining law and order in the country at this juncture,\" the Law Commission of India stated in its 35th report.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"82 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114339784","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
ROAD MAP OF EVOLUTION AND DEVELOPMENT OF COMPETITION LAW: INDIA 竞争法的演变和发展路线图:印度
THE JOURNAL OF UNIQUE LAWS AND STUDENTS Pub Date : 2021-11-15 DOI: 10.59126/v1i3a13
J. Singh
{"title":"ROAD MAP OF EVOLUTION AND DEVELOPMENT OF COMPETITION LAW: INDIA","authors":"J. Singh","doi":"10.59126/v1i3a13","DOIUrl":"https://doi.org/10.59126/v1i3a13","url":null,"abstract":"The Competition law & policy forms an inherent part of developing world to not only protect their domestic markets but also compete fairly and effectively in the international market. These policies have been very instrumental in fostering sustainable development as well as restricting anti-competitive behaviour which inhibits economic growth. The implementation of competition law must be in coherence with the level of overall development in the country since there is no one legal framework which would suit all the jurisdictions. The competition policy of India creates an active and viable environment for the industries to compete domestically as well as internationally with an aim to promote economic development using advanced technologies and an adequate capital. Hence the government must play an active role in promoting economic liberalization by focusing on various policies such as foreign direct investment, licensing of technology, intellectual property rights and eliminating trade barriers rather than just following the conventional principles of the competition law. The competition policy’s main concern is that the corporations with market powers are not able to harm the interests of consumer by anti-competitive practices. Although the competition law and competition policy goes hand in hand yet they can be distinguished. This article has the intention to portrait the evolution of the competition law in India. Why do we need such kind of law in India, what were the major reasons to bring MRTP and the road forward to Competition act?","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124026087","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
AN OVERVIEW OF INDIAN COURTS HELPING HAND:ALTERNATIVE DISPUTE RESOLUTION 概述印度法院的援助之手:替代性争议解决
THE JOURNAL OF UNIQUE LAWS AND STUDENTS Pub Date : 2021-11-15 DOI: 10.59126/v1i3a19
Tusharika Singh Gaharvar
{"title":"AN OVERVIEW OF INDIAN COURTS HELPING HAND:ALTERNATIVE DISPUTE RESOLUTION","authors":"Tusharika Singh Gaharvar","doi":"10.59126/v1i3a19","DOIUrl":"https://doi.org/10.59126/v1i3a19","url":null,"abstract":"Conflict is a critical part of life. We cannot say whether it’s always appropriate or not . However, what's considerable is how capable we are of taking it under control . Negotiation strategies are frequently used for resolving warfare and are taken into consideration as a fundamental method for resolving the dispute for years. The ADR(Alternative Dispute Resolution) mechanism relates to an exchange of ways to settle disputes or conflicts which an individual or company entity would possibly encounter. It is extra powerful whilst the everyday negotiation manner is not able to provide remedy for the dispute. Alternative Dispute Resolution (ADR) is an opportunity for the Recognized Legal System. It is an alternative to litigation. As the courts in India are overburdened with the instances of litigation pending in courts. There changes into a want for ADR because of the dissatisfaction of people in litigation which follows the conventional rule of settling of disputes which takes a long time to settle. Under ADR all varieties of disputes like - civil, commercial, commercial and family, etc., are resolved, in some instances wherein humans aren't capable of beginning any form of negotiation and are not able to reach any settlement. Generally, ADR makes use of an impartial person whichenables the parties to communicate, speak the variations, and remedy the dispute. It is a technique that allows people and organizations to hold co-operation, social order and gives a possibility to lessen hostility.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121998919","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
MOB LYNCHING DUE TO MISTAKEN IDENTITIES 暴徒因认错人而处以私刑
THE JOURNAL OF UNIQUE LAWS AND STUDENTS Pub Date : 2021-11-15 DOI: 10.59126/v1i3a9
Juhi Handique
{"title":"MOB LYNCHING DUE TO MISTAKEN IDENTITIES","authors":"Juhi Handique","doi":"10.59126/v1i3a9","DOIUrl":"https://doi.org/10.59126/v1i3a9","url":null,"abstract":"Mob lynching has been prevalent in recent years in many parts of states throughout India where false rumors are spread using social media instigating a mob into killing or severely injuring an individual. They believe that the victim has done something wrong and anger drives them blind to think irrationally and therefore they take upon their own hands to bring justice. It is the act of targeted violence by a mob acting as vigilantes to punish an alleged accused by beating the individual fiercely to the extent of killing or inflicting serious bodily injuries. Often these attacks are against innocent people as the source is mostly based on assumptions of some rumor, misinformation, or suspicion. It is essential to bring this to the utmost attention as a guiltless person doesn’t deserve to be beaten so violently for a crime the person didn’t commit. It is indignified and injustice towards the victim. Even the presence of police cannot do anything in these types of situations against a horde of people. The paper will solely focus on mob lynchings due to mistaken identities of claiming them as child abductors, thieves, etc taking current cases committed in India and also in the USA against black people, and a critical analysis of the provisions to hold these people responsible for committing such vigilant acts. A mob of people excites individuals and thus they go along with the crowd into thinking that whatever they are doing is just and fair. This makes them fearless of not being caught as they believe in escaping with the help of the group because during the commission of crime it becomes difficult to catch hold of every offender by the police. The current laws lack in holding these criminals liable so amendment of present laws or new laws is required for acting as a deterrent effect.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"138 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128615433","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
GENDER CRIME IN INDIA: AN ANALYSIS UNDER INDIAN CRIMINAL LAWS 印度的性别犯罪:基于印度刑法的分析
THE JOURNAL OF UNIQUE LAWS AND STUDENTS Pub Date : 2021-11-15 DOI: 10.59126/v1i3a7
Rounit Deep
{"title":"GENDER CRIME IN INDIA: AN ANALYSIS UNDER INDIAN CRIMINAL LAWS","authors":"Rounit Deep","doi":"10.59126/v1i3a7","DOIUrl":"https://doi.org/10.59126/v1i3a7","url":null,"abstract":"Gender crime has become a major worry in India. The rates of gender rime are steadily rising. Rape, dowry threats, and gender violence are examples of gender crimes. In this study, we will discuss about gender crime, how it impacts different genders, the violence against women, their past struggles, and how they are still fighting for justice in the contemporary society. This paper will also discuss about the women's gender crime rate and the legal provisions enshrined in Indian statutes to protect them against such crimes. Earlier there was a period when gender crime solely affected women, but in the twenty-first century, gender crime affects both men and women. It has now become the country's most serious issue. Every day, a case of gender crime is filed in India, whether it is committed by men or women. The pace of increase, according to analysis, is increasing every year. Thus this paper addresses the burning issue of gender crime in the country, the need for gender neutral laws in India, its analysis based on available statistics and measures to curb these crimes.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"88 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131727075","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
THE LAWS OF MEDIA BROADCASTING 媒体传播的规律
THE JOURNAL OF UNIQUE LAWS AND STUDENTS Pub Date : 2021-07-15 DOI: 10.59126/v1i2a6
Manini Kaur
{"title":"THE LAWS OF MEDIA BROADCASTING","authors":"Manini Kaur","doi":"10.59126/v1i2a6","DOIUrl":"https://doi.org/10.59126/v1i2a6","url":null,"abstract":"The broadcast industry has its own share of various controversies between different parties – broadcast providers, the government, public interest organisations, community radio and television stations, and an ever-increasingly varied audience that has been narrowly defined as the ‘public' – as a result of rapidly evolving technology and growing business investments. The legal enforcement of both current and new technology is an essential part of this fight. This paper aims to analyse the existing legal system that relates to different broadcast technologies being used in India.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125235702","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
CONVERGENCE OF BLOCK CHAIN AND ARTIFICIAL INTELLIGENCE 区块链与人工智能的融合
THE JOURNAL OF UNIQUE LAWS AND STUDENTS Pub Date : 2021-07-15 DOI: 10.59126/v1i2a9
Senthil V.P
{"title":"CONVERGENCE OF BLOCK CHAIN AND ARTIFICIAL INTELLIGENCE","authors":"Senthil V.P","doi":"10.59126/v1i2a9","DOIUrl":"https://doi.org/10.59126/v1i2a9","url":null,"abstract":"Artificial Intelligence (AI) and blockchain have recently been two of the most popular topics. Artificial intelligence (AI) and blockchain are two of the most trending innovations that would radically alter how we live, function, and communicate. The author attempts to understand the fundamentals of block chain and artificial intelligence, as well as why these technologies are so common, and what technical revolutions these two technologies will bring together. Like for every coin, there are two sides and this technology has certain drawbacks, flaws, and security concerns, which the author has discussed briefly.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115858596","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Whether a Matter can be referred for Arbitration in the Absence of Arbitration Clause or Agreement? 在没有仲裁条款或协议的情况下,是否可以将事项提交仲裁?
THE JOURNAL OF UNIQUE LAWS AND STUDENTS Pub Date : 2021-07-15 DOI: 10.59126/v1i2a13
Tariq Khan, Ruhi Thakkar
{"title":"Whether a Matter can be referred for Arbitration in the Absence of Arbitration Clause or Agreement?","authors":"Tariq Khan, Ruhi Thakkar","doi":"10.59126/v1i2a13","DOIUrl":"https://doi.org/10.59126/v1i2a13","url":null,"abstract":"Arbitration has a similar structure to that of litigation but the fundamental difference between arbitration and litigation lies in the fact that the former owes its existence to an arbitration clause or an arbitration agreement. An arbitration agreement is the written agreement between the parties, to submit their existing, or future disputes or differences, to arbitration, Mahanagar Telephone Nigam Ltd vs. Canara Bank.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121739607","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
REMIX CULTURE AND ASSOCIATEDCOPYRIGHT LAW IN INDIA 印度的混音文化和相关版权法
THE JOURNAL OF UNIQUE LAWS AND STUDENTS Pub Date : 2021-07-15 DOI: 10.59126/v1i2a3
Ishika Sarraf
{"title":"REMIX CULTURE AND ASSOCIATEDCOPYRIGHT LAW IN INDIA","authors":"Ishika Sarraf","doi":"10.59126/v1i2a3","DOIUrl":"https://doi.org/10.59126/v1i2a3","url":null,"abstract":"The human brain, or intellect, is regarded as one of mankind's most gifted contributions, as are the works and ideas that arise from or are the product of his mind's development. One such development is, Composition of music, which is an example of a person's growth or formation that necessitates a great deal of dedication and hard work. However, in this age of technology, where people prefer smart work to hard work, there has been a rise in the number of remix songs, which are a transformation of old classic songs that were a major hit in their respective eras. When the popularity of remix songs grew, so did conflicts over the copyrights of musical works and songs between original authors and remix makers. Thus, this paper discusses a number of problems that have arisen in recent years concerning copyright on musical works and songs, as well as it focuses on the legal status of creating remix songs, the rights and obligations of the copyright owner and the maker of remix songs, and associated copyright laws that govern the remix songs in Indian music industry.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129154167","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
BASICS OF IP AND MEDIA LAW 知识产权和媒体法基础知识
THE JOURNAL OF UNIQUE LAWS AND STUDENTS Pub Date : 2021-07-15 DOI: 10.59126/v1i2a4
Kajol Kamat
{"title":"BASICS OF IP AND MEDIA LAW","authors":"Kajol Kamat","doi":"10.59126/v1i2a4","DOIUrl":"https://doi.org/10.59126/v1i2a4","url":null,"abstract":"Intellectual Property Right (IPR) is a criminal proper that protects the creation of a person or organization evolved by the mind or thoughts. Globalization and open marketplace policies have helped IPR to grow and affect the monetary activities in remaining three decades. The present paper essential draws a nexus between IPR and Media Law, where, Copyright is one of the vital rights and protects the rights of creators of creative works, literary works, sound, movies, and related creations. Copyright Law is an advanced domain that includes improvements, inventive creations and intellectual productions in print, audio-visual, sign & symbols or within the virtual forms. Moreover, media platforms along with social media use photos, sounds, scripts, and lots of techniques of communication, other business and personal functions. The paper aims to highlight the basics of IPR and how it safeguards the interests of the IP holders. Further, it sheds light upon the nexus and role of IPR in the Indian Media Industry. Lastly, the paper will provide a fair and constructive analysis by means of discussing various branches of IP, the related legal provisions and various judicial pronouncements by the Supreme Court and the High Courts of India.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125916405","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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