by IJLMH | Dec 30, 2018
Terrorism is the act of unlawful violence done by a gathering of individuals to accomplish certain objectives or to create terror of themselves or a party amongst the people. Of the numerous things that astonish and shock us about terrorism and ISIS specifically, the inclusion of ladies in such a crime is one of the most poignant. Most of us have the sense that women are Gentler Sex, the Nurturers, and the Protectors with stereotypical thinking about women’s capabilities and motivations. Whenever the topic of terrorism arises, the role of men is always discussed and the involvement of women terrorists is rarely chewed over.
by IJLMH | Dec 30, 2018
The Specific Relief (Amendment), Act of 2018 has been passed by the Parliament with a sole purpose of tackling the inefficiencies and inabilities that had developed in the Specific Relief Act of 1963; Owing to the recent trends of transformation in the Indian economy and the business –finance sector, the Amendment Act has truly brought about a considerable change in the substratum and ethos of the principal Act. The research paper emphasizes on the various amended provisions of the principal act and how they are going to act as an antidote to the long ailment of contractual enforcement. It also intensively discusses and analyses the changes that the Amendment has brought in by providing Specific Performance as a rule rather than an exception and by doing away with the discretionary power of the courts in matters such as Contract enforcement. The additional measure to obtain relief in the form of Substituted Performance and the subsequent employment of experts is even commended by the researcher. Even the proposed plan of setting up certain special courts for infrastructure related disputes and crunching the court proceedings over a period of 24 months has been evaluated by the researcher. Along with this, the researcher interprets the Amendment Act and analyses its implications and expected impacts. The applicability of the Amendment Act has been brought to the forefront by presenting a comparison of the same with the Specific Relief Act of 1963. The research highlights the overall relevancy of the Amendment Act and argues that it is truly a “way forward” for the transforming conditions of the present era.
by IJLMH | Dec 30, 2018
The Indian judiciary system is often looked down upon due to the various problems which come hand in hand with it, such as inefficiency in administration, long backlogs of cases, there has been an urgent need for finding of an alternative way to help track these problems as often suggested by Judges , lawyers, scholars . The use of mediation has been seen as an effective tool to resolve disputes in marriages for a long period. Divorce mediation has attracted the attention of the society at large has its features have helped to strengthen the justice system. The divorce mediation has not only helped to bring the parties to negotiate their terms but often seen as a way to negotiate their terms of relationship. The basic reason why mediation is prepared is because it helps to resolve problems and disputes effectively and efficiently with the parties actually being the rule makers. Mediation helps to make the parties a little rationale and responsible and cooperative towards compromises and acceptance.
In the paper, mediation as an alternative to the judiciary system has been discussed, focusing on its principles, reasons to prefer mediation, and the roadway to success as well as suggestions for better implementation of the method in the long run.
by IJLMH | Dec 30, 2018
Brand is of great value in today’s era and is omnipresent. A trademark is a representation of a particular brand and is an important aspect of goods or services in which the proprietor deals with, because in due course of time the trade mark gives recognition to such goods or services Under this article, the focus would be on automotive industry. The Original Equipment Manufacturers (hereinafter OEMs) and the Dealers in an automotive industry generally share principal to principal relationship with that of the automobile company. In this regard, it is important to know the extent of liability of the parties involved. There had been a number of cases relating to infringement and passing-off by the OEMs and dealers, of trademarks registered in the name of automobile company. Also, in the wake of cases like Toyota v. Prius it is becomes far more important to understand the broader meaning of well-known trade mark and its territorial as well as universal nature. The learning objective of this article is to study the trade mark perspectives in automotive industry and get an insight on the concept of deceptively similar trade mark and well-known trade mark in India through relevant provisions of trade mark law and case analysis.
by IJLMH | Dec 30, 2018
This paper briefly penetrates into the concept of Gross Human Rights violation and speaks about what it is and why it is. It also deals with the concept of what amounts to violation and also about the reparation and rehabilitation to the victims of Gross Human Rights violation. The short note moves on through the difficulty in enforcing the prevention of Gross Human Rights violation and the reason to the flow. With all this together, the paper tends to leak out the hardships and struggle the victims undergo after being infringed of all basic rights provided. The paper gets summarised with the challenge in enforcement of prevention to the violation.
by IJLMH | Dec 30, 2018
Right to privacy is directly proportional to the protection of the dignity of the person. Article 21 of the Constitution of India protects the right to privacy as well as promotes the dignity of a person . There are different approaches to privacy and the degree of privacy may vary from person to person. Daniel Solove argues that privacy can be classified into various categories which may often overlap and the categories are right to bodily privacy, right to be let alone, right to control over personal information, right to secrecy, right to access to self, etc. Dignity is closely related to the concept of privacy and this personal right cannot be infringed upon. Information privacy is one of the classifications under the broad concept of privacy wherein the person has the right to control over personal information. The right to have a control upon personal information has various elements such as collection, storage and access to information with regard to the privacy practices. The user has the right to know how the personal information will be used when is acquired by other interested parties as well protect the data from unauthorized access. Information privacy is an inherent right of a person which upon the infringement affects the person’s dignity.
