by IJLMH | Jul 17, 2018
The problem of environmental degradation is a universal one. It cannot be resolved by one country alone. There are certain liability principles that are acceptable in every country. One such principle is the ‘Polluter Pay Principle’. In the following article the discussion of this principle is looked into in detail and goes into explore the Indian judiciary’s role in successfully adopting it to curb the problem. The Indian judiciary gave weight age to the polluter pay principle to the extent and beyond the Strict Liability Principle available under the common law. The paper further discusses the growth of the principle in India in relation to the Oleum Gas Leak case and other factors that forced the adoption of a strict policy in the name of absolute liability. The judgment of the case was ground breaking and set a new path in the way of the judiciary
by IJLMH | Jul 17, 2018
Accomplice is dealt under Section 133 of the Indian Evidence Act. Though Accomplice has no where been defined in the Indian Evidence Act, therefore in ordinary sense it is viewed as a person who has taken part in the commission of crime along with other wrongdoers. This article talks about the authenticity as well as admissibility of the accomplice in the court of law. Most of the time, accomplice evidence might seem to be untrustworthy and unreliable but often it comes out as an invaluable evidence in solving the crime and delivering justice. Further it will talk about the accomplice being a competent witness and how it differs from the co-accused.
by IJLMH | Jul 17, 2018
This abstract seeks to bring out the procedure which the researchers have applied to review the present scenario regarding Legal Status of Pornography in India. The literal mining of the expression ‘Pornography’ is “relating or presentation sexual acts in arrange to cause sexual stimulation through books, films, etc.” This would comprise pornographic websites, pornographic matter produced using computers & use of the internet to download & transmit pornographic videos, writings, pictures, photos, etc. Adult entertainment is a major industry on the internet. There are additional than 420 million human being pornographic web pages today. The DoT order says that comfortable hosted on porn sites relay to morality & decency & is, therefore, subject to “reasonable restrictions” on the Fundamental Rights to freedom of speech & expression. The government’s July 31 organize directing Internet Service Providers (ISPs) to block 857 porn sites came after Additional Solicitor General Pinky Anand conveyed to the Department of Electronics & Information Technology the Supreme Court’s observation that “appropriate steps” were wanted against pornographic sites, especially those featuring child pornography.
In the light of above stated research methods researchers would like to attain a conclusion that now is the high time for the concerned authorities, legal professionals, a jurists and general mass to discuss about it and come out with solutions which is most probably new legislation or better enforcement of existing provisions for ensuring the fact that the state is primarily responsible for taking care of and checking the status of pornography in India so as to stop the unwanted practices.
by IJLMH | Jul 16, 2018
This paper is titled ‘Artificial Intelligence and Intellectual Property Laws in India. Is it time for renaissance?’ In this paper I have endeavoured to correlate the aspects of artificial intelligence and IP laws to understand why works of robots/machines/AI systems are not considered to be eligible for protection under different IP laws in India. Specific focus is laid on the Copyright Act, 1957 and Patents Act, 1970 and certain provisions of these acts that act as a road-block in enabling such protection to AI systems. Also the need for amendments to these enactments is analyzed with reference to recent developments in AI systems. The paper concludes by suggesting the need for a reformation or renaissance in the field of IP laws as well as other legislations to accommodate new forms of technological developments.
by IJLMH | Jul 16, 2018
In the online world, Intellectual Property Rights protected information music, computer programmes, databases can be easily copied and pirated using instantaneous means of reproduction, publication and dissemination causing serious financial loss to rightful owners. In most cases the impact of loss on the internet is greater because internet is borderless and infringing materials can travel across different geographical regions within few seconds. Detecting infringement of Intellectual Property Rights is fairly a complex task. Both online as well as offline world. In the Information Technology Age, the protection of Intellectual Property Rights (IPR) requires even greater attention and dedicated strategy for its protection. On the internet, protection of intellectual property has an important bearing on the growth of e-commerce. It may be easy to detect infringement of intellectual property rights on the internet, but effective law enforcement poses a challenge while combating infringements of intellectual property rights in digital space. As we know, with the growth of information technology age internet is used for transacting business. When more activities start to happen on internet, offences are bound to occur in the internet. For this suitable legislation needs to be drafted in order to curb the offences on the internet. A multi-prolonged approach is needed to encompass technical, social and legal measures will be required to adequately protect intellectual property rights in cyberspace.
by IJLMH | Jul 16, 2018
This paper describes the nature of the conflict between large mammals and people, provides ecological explanations for the origins of such conflicts, examines their implications and discusses measures that can help in minimizing the impact of animals on people. It illustrates these conflicts by focusing on the Asian elephant which is an herbivore and the tiger which is a carnivore.
