by IJLMH | Jul 13, 2018
Oxford dictionary defines Minister as head of the Government department. Merriam Webster says Minister is a high officer of state entrusted with the management of a division of governmental activities. Wikipedia’s view is- “A minister is a politician who holds public office in a national or regional government, making and implementing decisions on policies in conjunction with the other ministers. In some jurisdictions the head of government is also a minister and is designated the “prime minister”, “premier”, “chief minister”, “Chancellor”, “President” or other title.”“A person appointed by or under the authority of a sovereign or head of a government to some high office of state, especially to that of head of an administrative department. The term minister comes from Middle English, deriving from the Old French word ministre, originally minister in Latin, meaning “servant, attendant”, which itself was derived from the word ‘minus’ meaning ‘less’ ”. Constitution of India did not define Minister but in Article 74(1) of our constitution says:-“There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice”. Section 9 of Government of India Act,1935 is the synonymous provision to Article 74(1) of our Constitution. I traced to the history to elaborate more what may be or have the missing link since incorporation of Constitution of India. Though Minister was there in ancient India; Chanakya was the Prime Minister of Chandragupta Maurya. Minister had to play a significant role for the development of the kingdom. Britishers captured two third of the world and implemented common law system in their colony. This research tries to analyse qualification of Minister- does it has any significance to build a great nation?
by IJLMH | Jul 13, 2018
The cyber or the virtual world is evolving tremendously since the past and is continuing, so is the faith of consumer in this complex atmosphere is becoming important question. The cyber world in now becoming a huge platform for trade and commerce (for selling and buying of goods and services). Ecommerce can be defined as this buying and selling of good and services over the internet. There is a dramatic advancement in the networking facilities all over the world, now the consumers are offered several advantages of competitive prices, various choices, easier delivery services etc. there are various lucrative great opportunities that are offered on the online platform (example e-banking and online payments). Thanks to this growth of internet for the competition and convenience of the consumer that they are able to enter easily into any commercial transaction sitting inside home.
There are concerns such as online identity theft, phishing, data privacy, salami attacks etc. and many times small but reoccurring problems such as product not delivered or the product does not confirm to the actual description are the usual affair. In such situations the buyer is often left without any remedy because of various loopholes in our laws that are concerned with these issues.
In a vast country like ours it is generally not that easy for our legislators to make laws protecting the rights of the consumer in e commerce or otherwise in the virtual world as it is apprehended that such a legislation may hinder the development of trade and commerce through the cyber platform due to hasty legislation.
This essay analyses the environment and tries to suggest how to accustom to the current situation and enforce fair practices, information disclosures, privacy and payment protection, consumer education and dispute resolution.
by IJLMH | Jul 12, 2018
The construct of law, in any society, is solely dependent on the rudimentary traits of human behavior. Hobbes identified law as that of public conscience. This definition pinpoints to the idea that law is just, only when it combines coherent social behavior, adhering to a collective consciousness that is contrived upon shared beliefs, ideas and moral attitudes. This correspondence between the law and human behavior is propounded by the Natural school of Jurisprudence, wherein it is identifiable that there are certain innate human qualities that dictate the composition of law. Therefore, diagnosing deviant behavior patterns is crucial for the classification of crime. Nevertheless, it is safe to assume that India lacks a standardized profiling study on crime. Central Forensic Science Laboratory (CFSL) under the Central Investigation Bureau (CBI) is the only authority to such criminal behavior studies, but however a uniform method of classification is absent. According to an article published by the Press Trust of India (PTI), the A total of 9635 cases are pending with CFSL as on October 31, 2016.This is a case study aiming to gather reports on several infamous criminals and to formulate similar models of behavioral profiling, with respect to the international studies on criminal behavior. Through this quantitative analysis, this research paper aims to ascertain that law and human behavior are co-existential and that it is a domain that associates the disciplines of sociology, psychology and criminology. The theory of social strain typology proposed by Robert K. Merton sheds light on the concepts of deviant behavior and is complemented by the theories of conflict and structural functionalism. The main objective of this study is to analyze certain behavior patterns which can be determinants for criminal profiling, under the guidance of the studies conducted by several behavioral science investigation units. The penology of these crimes and their characteristics is also extensively discussed based on the legal provisions available to the containment of crime, in the light of the Indian Penal Code (IPC) and the Criminal Procedure Code (CrPC).Keywords: Public Conscience, Behavioral Profiling, Deviant Behavior, Penology of Crime.
by IJLMH | Jul 12, 2018
As a UN organization, the WHO has a constitutional mandate to initiate the development and facilitate the adoption of international treaties, such as a framework convention. The WHO has been encouraging the adoption of national laws and regulations for tobacco control for a long time but this was the first time it used its constitutional mandate to facilitate the creation of an international framework convention specifically focusing on the global public health issue of tobacco control. The WHO FCTC is the first ever international public health treaty of any kind. The Indian Act, whose enactment preceded the adoption of the WHO FCTC by the World Health Assembly, goes beyond the obligations set out in the WHO FCTC in many respects. It provides clearly prescribed requirements in key areas such as on prohibition of smoking in public places, ban on advertising of tobacco products, packaging and labeling and sale to minors. The article highlights the importance of the WHO FCTC and discusses its key provisions to control the use of tobacco and also enlightens about the obligations on the part of member countries of WHO.Keywords: WHO FCTC, Tobacco Control, MPOWER, Global Public Health Treaty.
by IJLMH | Jul 12, 2018
“The safest way to double your money is to fold it in over once and put it in your pocket.” -Frank McKinney HubbardThe overall aim of this research paper is to focus on restructuring of banks by way of mergers and acquisitions. Indian Banks are observing growing NPA’s (Non-Performing Assets) due to the slowdown in the Indian economy and high interest costs. The term, merger or acquisitions, is characterized, assessed and utilized diversely in various controls. For example, financial researchers suggest that merger is the type of market for corporate control that emerges because of financial, administrative, or innovation. Similarly, financial experts showed that acquisition is a decision of accounting experts whereas merger is a mix or amalgamation of at least two asset reports. Various factors are involved with mergers and acquisitions and they frequently require the inclusion of different consultants, for example, investment lawyers, legal advisors, accountants, and deal managers. Mergers and acquisitions can have extensive effects on the business group, the companies engaged, and the organizations’ workers, financial specialists, and customers. While, strategy analysts states that (M&A) is an inorganic development and fundamental option, which helps a business venture in accomplishing fast development than that of achieving usual progress. Truly, M&A idea is initially developed in the western part and from there on, eventually expanded in rest of the world because of innovation, economic integration and globalization.The Indian Commercial Banking Sector, which has assumed a crucial part in the country’s monetary advancement, is now going through an energizing and challenging stage. With the commencement of economic modifications, the banking sector in India has set out upon mergers and acquisitions to catch the synergistic advantages like economies of scale and degree, even with increasing competition from local and also remote players and quick innovative improvements. A few research contemplates merger related review in keeping money and these investigations have received one of the two methodologies, in view of either book-keeping data or market costs. The main phase of the exploration assesses the effect of merger on money related execution of consolidating business banks in India by examining the bookkeeping construct data, for example, Return on Assets (ROA), operational costs and efficiency and productivity gains. A merger is required to improve execution of the amalgamation elements, if the following change in accounting based measures is superior to the change in the execution of similar banks that were not engaged with mergers. The findings demonstrate that while there is noteworthy distinction in a largest part of business and efficiency parameters before and after merger, the outcomes additionally point to the way that there is no huge contrast in a significant number operational and benefit factors. The outcomes are, best case scenario blended. The second phase of the exploration analyzes the post-merger efficiencies of the select business banks utilizing the non-parametric Data Envelopment Approach (DEA). It is better for the country to have less but healthier banks.Keywords: Business, Mergers and Acquisitions, Banks, Economics, Money
by IJLMH | Jul 12, 2018
The Indian economy has been plagued with bad debts for many years. The Insolvency and Bankruptcy Code, 2016 (“Code”) is one of the most landmark reforms introduced by the Modi Government as a respite to the frailing economy. The Code remains under constant scrutiny and progress and has witnessed several amendments over the last two years. One of the most iconic amendments to the Code is the Insolvency and Bankruptcy (Amendment) Act, 2018 (“Amendment Act”) which was enacted with the primary objective of streamlining the corporate insolvency resolution process prescribed under the Code. In this paper, the author has made an attempt to shed some light on the key changes introduced by the Amendment Act and critically analyze their impact on the ever-evolving Indian insolvency and bankruptcy regime.
