by IJLMH | Mar 4, 2020
Freedom of Speech and freedom of Expression are indispensable conditions for the full development of the person. They constitute the foundation stone for every free and democratic society. The freedom of speech and expression is the first and foremost human right, the first condition of liberty, mother of all liberties, as it makes the life meaningful. However freedom of speech often poses difficult questions, like the extent to which State can regulate individual conduct. Since, individual‘s autonomy is the foundation of this freedom; any restriction on it is subject to great scrutiny. Although reasonable restrictions can always be imposed on this right in order to ensure its responsible exercise and to ensure that it is equally available to all citizens. The offence of sedition is provided under section 124A of the Indian Penal Code, 1860.The relevance of this section in an independent and democratic nation is the subject of continuous debate. There is an apprehension that this provision might be misused by the Government to suppress dissent and fair criticism. The paper deals with the history of sedition to its evolving during the pre and post constitutional era to what it is today. Also the paper suggests the questions that still need thorough discussions and debates taking into consideration the fact that India is the largest democracy in the world and freedom of speech and expression is the most celebrated fundamental right.
by IJLMH | Feb 7, 2020
It is learnt that Election Commission of India is built on Canadian model, following the Dominions Act of 1920. The Election Commission of India (ECI) is an autonomous constitutional body with a power to administer the Union and State elections. Our Constitution confers three basic powers on the E C I i.e., 1) Advisory Powers,2) Administrative powers, 3) Quasi-Judicial Powers, under the first type it advises the President and the Governor regarding disqualification of Members of Parliament and State Assemblies In the Second type of powers it exercises Powers to mark areas of elections where requires, to prepare election rolls, to Control and superintendent elections etc., Under the quasi-judicial powers, the Commission also acts as a Court for settling disputes regarding recognition of political parties and their symbols.
by IJLMH | Jan 12, 2020
White-collor crimes are also called the professional crime. These are property crimes, economic crimes, environmental and health safety laws violations etc. the White-collor crimes has various types that I will explain in detail in my article. In this article I want to throw light on various contents like meaning, origination, classification, types, implications, causes, factors affecting White-collor crimes. As we know that crimes in India is increasing day by day. Crimes are happening at every place. I will explain the White-collor crimes in India, measures to control White-collor crimes, penalties and punishment. I am also taking the help of leading cases to explain White-collor crimes. White-collor crimes have their criminal history including infractions of illegality but many do not indulge in that. An individual can commit a crime during employment or unemployment. Its two common forms are fraud and theft. In the era of modernization there are lots of nations which divide the crimes into some laws. One of the most common crimes is corporate crime which deals with the company as a whole. White-collor crimes and corporate crimes are similar because they take place within the business world. The difference between both of this is White-collor crimes benefit the company. White-collor crimes are done by employees with the criminal behavior. Let’s begin with the article.
by IJLMH | Jan 12, 2020
A contract is an agreement which is capable of being made enforceable in a Court of Law. The unique feature that sets the Law of Contracts apart from the rest, is the element of discretion exercised by the parties in forming the terms and conditions of the agreement within the legal framework. The construction of contracts gives scope to the parties, in terms of determining the rights and remedies that they can seek in case of a dispute. Contractual disputes between parties may often arise either due to a breach or misinterpretation of the conditions. A commercial dispute arises out of every kind of transaction that establishes a commercial relationship. Therefore, it can be stated that all contractual disputes are commercial disputes but not all commercial disputes are contractual disputes. Dispute resolution techniques are prescribed and governed by various legal provisions. Apart from the traditional dispute resolution method of litigation, a parallel known as Alternative Dispute Resolution (ADR) which is a wide spectrum of out-of-court forum is drawn. These include mediation, arbitration, conciliation and adjudication. Alternative Dispute Resolution (ADR) is a speedy, streamlined process that ensures procedural efficiency and confidentiality. It also eases the burden of the judiciary by reducing the backlogs, a major drawback of the judicial system. According to Section 12A of the Commercial Courts, Commercial Division and Commercial Appellate Division of the High Court’s Act, 2015 amended recently, pre institution mediation is a mandatory pre-requisite or any aggrieved party approaching the commercial court with a pecuniary jurisdiction of Rs.3 Lakhs. This Act was established to set up commercial courts at the district and state level and govern them in a manner that guarantees speedy commercial litigation. This article will discuss commercial dispute resolutions that are available, the legal provisions and institutions that govern it, both at the national as well as international level. In addition to this, the article will address and reevaluate the issue of whether the commercial aspect of the legal system in India is effective enough to provide justice in an impartial and a prompt manner, for justice delayed is justice denied.
by IJLMH | Jan 12, 2020
The Judgement has paved the way for Arcelor Mittal and Nippon Steel to take over debt-laden Essar Steel. The Ahmedabad Bench of the NCLT has admitted an application for the initiation of insolvency resolution proceedings filed by State Bank of India (“SBI”) and Standard Chartered Bank (“SCB”) ii against Essar Steel India Limited (“Essar”). The RBI vide its Press Note dated June 13, 2017 (“Press Note”) had identified Essar as one of the 12 accounts which had to be proceeded against in the NCLT. Following the Press Note, Essar approached the Gujarat High Court to challenge (i) the validity of the Press Note; (ii) the decision of the Consortium of Lenders to initiate action under the IBC; and (iii) the Consortium of Lender’s failure to implement the restructuring plan which had been approved by the Board of Directors of Essar. Although the Gujarat High Court stayed the proceedings in the NCLT during the pendency of the challenge proceedings, it was eventually held that the creditor-banks could proceed before the NCLT (“GHC Ruling”). Further details about the Press Note and the judgment of the Gujarat High Court can be found here. Consequently, SCB and SBI initiated a Corporate Insolvency Resolution Process (“CIRP”) under Section 7 of the Insolvency and Bankruptcy Code, 2016 (“IBC” or “Code”) in respect of Essar’s outstanding debts.
by IJLMH | Jan 12, 2020
War and Laws have been walking hand in hand since its very existence .For every new war that has happened , a new provision seeks residence in the covenant , which is somehow accepted by all the states but the question here is , how consistently or rightfully its is being applied or is it being applied at all? Inspite of having the strongest and bulkiest rules governing states from wildly shooting down each other, we still hear the news of armed people attacking the commoners. Through this paper, the author would try and solve the tiny loopholes that are ratted into huge blunders like the leaked tap that drowns the house. While the international humanitarian covenant covers and governs international armed rebellion, it has minimal rules over the internal conflicts that happen in individual states that tear apart the basic rules against armed violence .There is a very basic word gi-en to it, its called terrorism but this is the complex armed violence that has restricted rules applied due to not being defined as an armed conflict. While the very elementary act to strengthen the enforcement of humanitarian law would begin from the states of every nation which are the cells of human body. We need systems and rules that strengthen the primary building blocks of the nations and steadily grow and target the larger objectives. Through this paper I would also try to list the potential ways in which the humanitarian organisations can strategically curb the petrifying violence of armed conflicts with the most primary teaching which we all learned at some point , by attacking the roots because once the roots are not strong enough , the structure wouldn’t take much time to collapse and once the structure collapses , the bodies of humanitarian law can alter and change basic elements of the covenants to be more specific in targeting the wrongdoers.
