The goal of a large number of criminal acts is to generate profits for the individual or the group that carries out the act. Money laundering is the processing of these criminal proceeds to disguise their illegal origin. This process is of critical importance, as it enables the criminal to enjoy these profits without jeopardising their source. In this paper, the author has discussed the various stages, trends, developments and the law relating to this subject.
In this project, efforts have been made to explain the concept of fascism, its origin and development in various countries of the world. A detailed study of its features and a critical analysis of the literature available on the same has been done. Fascism as a social, economic and political ideosynthesis has been also addressed. However, in conclusion the author has made by an attempt to highlight the deficits and demerits of the concept of fascism and how it eventually failed in the face of democratization.
Rape is one of the most heinous crimes and is often described as the “beginning of a nightmare” for the victim. In this paper, efforts have been made to identify how judiciary being the third pillar of the Constitution has played a vital role in finding the proper solution in rape cases. Sometimes through wide interpretations of the various provisions of legislation and sometimes by laying down landmark judgments where there were no specific laws.
Almost all the countries have developed a juvenile justice system to deal with their young offenders. In India, this issue has been in the highlight lately, with discussions on their problems and related issues at various forums. In this submission, the author has elaborated not only the social implications of delinquency but also the various aspects of the law that deals with juveniles.
Illegitimate means “something which is contrary to law”. Illegitimate children as understood are those children who are not born out of a lawful wedlock. Not just the society but even the law has discriminated against them in many ways. However, with the emergence of a group of people in the society who are rational and liberal in their outlook and do not consider illegitimacy as a stigma, the laws are also being amended accordingly.
Media plays a vital role in moulding the opinion of the society and it is capable of changing the whole viewpoint through which people perceive various events. Heinous crimes must be condemned and the media would be justified in calling for the perpetrators to be punished in accordance with the law. However, the media cannot usurp the functions of the judiciary and deviate from objective and unbiased reporting. While a media shackled by government regulations is unhealthy for democracy, the implications of continued unaccountability are even more damaging. Steps need to be taken in order to prevent media trials from eroding the civil rights of citizens, whereby the media have a clearer definition of their rights and duties, and the courts are given the power to punish those who flagrantly disregard them.
The Right to Information Act, 2005 is considered to be one of the leading welfare oriented laws enacted after independence. The act provides for a modus operandi to acquire information from public authorities regarding the functioning of government. In this paper, the author has highlighted the various aspects of this act and its importance in the current political scenario.
On 23 January 2003, India ratified the Cartagena Protocol which protects biodiversity from potential risks of genetically modified organisms. Currently, the Genetic Engineering Approvals Committee, a body under the Ministry of Environment and Forests is responsible for approval of genetically engineered products in India. However, the enaction of a statute has been proposed for the regulation of modern biotechnology in the country and a Bill to this effect, called the Biotechnology Regulatory Authority of India Bill (BRAI Bill) 2013 has been tabled in Lok Sabha by the Minister for Science and Technology, Mr Jaipal Reddy. If the bill is passed, the responsibility will be taken over by the Environment Appraisal Panel, a sub-division of the BRAI. In this paper the author has presented the various dimensions and the effects of the proposed bill.
International financial Institutions such as the World Bank and the International Monetary Fund are facing varied economical, financial, political, social and environmental issues today. Their role with regards to the administration of global distributive justice, minimising poverty or aiding in the developmental processes is being called into question. In this paper, the author has tried to expose the internal working procedure of these institutions and the effects of their policies which have been debated vigorously as skepticism looms large in the wake of a worsening economic situation and living standards especially in the Developing and Least Developed countries.
In this submission, the author has discussed in detail the Mohori Bibee case wherein, for the first time in 1903, the Privy Council declared that the minor’s contract was void and not merely voidable. The Privy Council reached this conclusion on the basis of various Sections of the Indian Contract Act which have also been elaborated in this paper to define the nature of a minor’s agreement.
Cheques are a type of bill of exchange and were developed as a way of making payments without the need to carry large amounts of money. A dishonoured cheque cannot be redeemed for its value and is worthless; they are also known as an RDI (returned deposit item), or NSF (non-sufficient funds) cheque. Cheques are usually dishonoured because the drawer’s account has been frozen or limited, or because there are insufficient funds in the drawer’s account when the cheque was redeemed. A cheque drawn on an account with insufficient funds is said to have bounced and may be called a rubber cheque. Banks typically charge customers for issuing a dishonoured cheque, and in some jurisdictions such an act is a criminal action. A drawer may also issue a stop on a cheque, instructing the financial institution not to honour a particular cheque
The doctrine of fundamental breach is chiefly predicated on the facts or assumption that a party to a contract or contract of sale has committed a misnomer in the contract that goes to the root of the contract, thereby knocking the bottom off its commercial relevance. The prerequisites which must be fulfilled before a buyer may avoid a contract under the CISG are very different from those which must be fulfilled to reject under the UCC. Moreover, case law interpreting the doctrine has only added to the ambiguity, thus making it nearly impossible for any interpreter to confidently answer the seemingly basic question of whether a contract for the international sale of goods has been fundamentally breached. It seems as though the goal of contract preservation has outweighed the desire for any bright line rules and maybe rightly so when considering the international context in which these cases are decided.
The nature of the contracts changes with the developments in business environments. Most contracts entered into by ordinary people today are not in fact the result of individual negotiations. Even insurance contracts are similar to such contracts of adhesion since one party holds a stronger bargaining position in the contract and this is usually the drafting party, whereas the other party holds a weaker position and this is usually the accepting party. The existing provisions of the the Indian Contract Act show that the legal control is not quite adequate to come to the rescue of the weaker party against adhesion contracts and to meet the needs of the changing times.
The usage of license to signify a transaction is widely used by laymen, who rarely think in terms of jural relations. In the following study, the author has made an attempt to explain the meaning of licence and how a licence is granted in India. Moreover, it is important to have an understanding of the difference between a lease (that is a tenancy), easement and a licence under general law so that one knows what one is dealing with in any particular case. Therefore, the author has also sought to draw a line between these concepts.
The extent to which a person transferring real or personal property may limit its subsequent disposition by the transferee has for centuries been a problem troubling the courts. However, the context in which the present-day struggle arises is a far cry from the feudalistic society existing in England when the restraints on alienation doctrine was developed, yet the materials which follow evidence quite clearly that the judicial role in articulating and enforcing the doctrine is beginning anew.
Investors are often known as shareholders or members of the company. They contribute to the equity capital, have the voting rights in every matter and are entitled to get dividend. Protection of investors means safeguard and enforcement of the rights and claims of a person in his role as an investor. The same being of utmost importance, has been analysed in detail by the author in the following paper.
Economic liberalisation and respect for human rights are both highly topical issues. Both fields of law protect certain freedoms: economic development could lead to higher human rights standards and be used to secure compliance with human rights agreements. However the interaction between trade liberalisation and human rights protection is complex. The Indian judiciary has in its judgments consistently preserved as unassailable the economic and industrial policy of the Government of India. A study of the same has been made by the author in the following paper.
The nation-wide outrage over the brutal gang rape and subsequent death of the physiotherapy intern in India’s very own capital city, New Delhi was the driving force behind the passing of the Criminal Law (Amendment) Act, 2013. It has been known all over as one of the most concrete steps taken by the Indian government to curb violence against women. Major amendments by the Act, not only widen the ambit of certain offences but also recognise new offences like acid attacks which earlier lacked a specific provision and definition in the Code. The Act is deemed to be one of the most important changes that have been made in the existing criminal laws namely the Indian Penal Code, the Code of Criminal Procedure and the Indian Evidence Act.
A sentence, whether absolvitor or condemnatory, is a complete bar, not only to any subsequent trial for the same offence, but for any other crime involving the same species facti, whether at the instance of the public or private property. This principle of double jeopardy has been a part of the legal system since man can remember and is an honest endeavour to protect the non-guilty ones. It can therefore be considered a positive and just doctrine based on equity, justice and good conscience.
The ‘Pleasure Doctrine’ is a principle of the common law, the origins of which may be traced back to the development of the concept in the United Kingdom. Similar provisions have been included in the Constitution of India to protect the interest of civil servants along with the protection of national security and public interest. This power to dismiss a Government servant at pleasure is subject to only those exceptions which are specified in the Constitution itself. It must be ensured that civil servants can’t make mockery of law if they are guilty and it is precisely for that reason, that the continued use of Doctrine of Pleasure is required in India.