by IJLMH | Oct 30, 2018
In this article we think about United States and European Union help for two-sided and multilateral global exchange law. We survey the help for universal law of both exchanging alliances by concentrating on the accompanying four measurements: administration, assent, consistence and disguise. In spite of the fact that we find solid help for worldwide exchange law from both the US and the EU all in all, we likewise witness some variety, most remarkably in connection to the structure of special exchange understandings (PTAs) and consistence with World Trade Organization (WTO) law. Swinging to clarifying these (moderate) contrasts, we contend that results in US exchange strategy can best be clarified by a local political factor, specifically the immediate impact of intrigue gatherings. Despite the fact that the association of societal interests likewise goes far in clarifying EU conduct, it doesn’t recount the whole story. We set that, in EU exchange strategy, organizations are a specific molding factor that should be focused. In addition, we recommend that outside approach contemplations in overseeing exchange relations have described EU’s help for universal exchange law.
by IJLMH | Oct 30, 2018
This paper explores the different ingredients that constitute the elements of crime. The object of the paper is to study and analyze the various principles laid down regarding elements of crime and it also aims at studying the historical development of these elements of crime. The paper aims to have a detailed study and analysis of the judicial interpretation of elements. It deals with the significance of elements of crime in holding an individual criminally liable. This research paper also critically analyzes the legal jurisprudence developed on the elements of law and why elements of crime are required to hold an individual liable for an offence.
by IJLMH | Oct 30, 2018
Separation of power to an extent that all democratic machineries function with utmost efficiency is a utopian dream. Where there is power, there is struggle for it. Power binds and breaks, and when the struggle of power is between the organs of government, namely, legislature, executive, and judiciary, it becomes a threat to democracy. Absolute separation of power is impossible and difference of opinion among the three pillars is natural. However, these differences must not turn into fights. Such conflicts or latency of such conflicts are often explicitly visible between the legislature and the judiciary. An example of such a fight or struggle for supremacy is the Kesavananda Bharati v. State of Kerala (1973, Supreme Court of India). This case not only overruled or nullified several judgements and provisions of Constitutional Amendments but also changed the course of Indian Judiciary. Thus, this case is of paramount importance not just for lawyers but also for students and scholars in the social sciences. This papers along with legal aspects of the cases also explores the political angle of the case. The paper also elucidates the conflict both inside and outside court. The paper mentions how Indira Gandhi government tried to influence the judiciary and made several changes in the structure and functioning the apex court.
by IJLMH | Oct 30, 2018
Exhaustion of trade mark rights mean when the owner/proprietor of a trade mark sold or transfers its rights to any other persons that moment only the owner/proprietor losses its rights to that certain product or good. And that right which he holds is transferred and started to being exercised with the new owner/proprietor. There are certain rights that an owner of registered trademark holder holds which make him/her different from the others people who poses to be owner of trademark but they are not registered. The rights which a trademark holder/owner enjoys are rights provided by the registrar of trademark.
Parallel Imports is also known as grey market goods. Parallel imports referred as when the registered product is sold in other country market without the consent of the owner of that product those products are original product they are not counterfeit product. This is occurring because of the higher price of that product in the other country. The seller/exporter will sell that product relatively cheaper than the price of the owner if he is selling in that country. The seller or exporter will purchase good from the home country of the owner and will sell it in other country where the price of that good is much more higher or whether that product is not available in other country.
by IJLMH | Oct 30, 2018
In light of the recent Supreme Court ruling on Section 377 of IPC , this article explores the concept of homosexuality and gives an idea about the arbitrary, irrational colonial era law, the penal punishment given and the numerous constitutional rights that have been encroached. It highlights the observations of the five judge bench of the Supreme Court and also traces the legal battle regarding this particular section from the first attempt made to question the constitutional validity and takes the judgments by the Supreme Court judges in the case of Navtej Singh Johar and Ors. v. Union of India as its base and explores the legal, moral, ethical and social restrictions posed on the LGBT community. It further explores the history of homosexuality in India before the British colonization and mainly concentrates on the attitude of the Indian society towards the LGBT community after the judgment and their preconceived notions and rigid stereotypes. It talks about the acceptance from the society, peers and more prominently from the family. It highlights the representation of the LGBT community or lack thereof in the Indian films and television. It talks at length about how the judgment though gives a spark of hope for the better treatment of the LGBT community; we as a society still have a long way to go to make it a safe place for them where they are not discriminated or prejudiced against.
by IJLMH | Oct 30, 2018
CT:
If murder destroys body of an individual, Rape degrades sole of the helpless female.
As defined by Lowie, “Marriage is relatively a permanent bond between permissible mates.” Marriage, often known as a wedlock is a relationship of trust and that of affection. A husband exercising sexual superiority by getting it on demand and through any possible way, is not a part of the institution of marriage. On emotional and religious grounds, the role of a wife has traditionally been understood as submissive and docile and that of a homemaker. Sexual intercourse is treated as a ‘Taboo’ and this often gives rise to highly disputed issue called “Marital Rape” or “Spousal rape”.
The offence of Rape is one of the most gruesome and barbarous crimes perpetrated against women. Marital Rape, though not defined as a crime, in India is one of the most debatable and divergent issue. Women are moreover treated as an object of pleasure and a property of the husband since time immemorial. They have been victims of crimes like rape, sodomy, sexual harassment, female infanticide etc. In recent times, where the general public is fighting for equal rights for both men and women, the rate of crime against women is proliferating.
Many a times people misunderstand that an institution of marriage where two souls tie a wedding knot to be companions for lifetime, gives the husband a liscence or the right to have sex with his wife forcefully or in other words, marriage takes away the right of a lady to refuse to have sex with her husband.
This paper basically points out the flaw in Exception 2 of Section 375 of the Indian Penal Code 1860 and is the wife an object or property of the husband ? Is she not given any right to protect herself form the lust of her husband and prevalence of the problem of marital rape and the factors for why men rape their own wives in order to ensure gender justice.
