by IJLMH | May 6, 2020
Capital punishment or commonly known as ‘death penalty or death sentence’ is awarded for capital offences like murder or multiple murders, rape or for any other offence where there is provision of death sentence prescribed in the law. The basic argument for awarding death penalty is the theory of retributive justice. This theory embarks upon that the person who has committed such a grave offence he must also suffer the same fate. Death penalty is awarded to create a deterrent effect on society so that the people fear the consequences of the offence. In this research paper the author will discuss about the constitutional validity of death penalty and the recent trends about death penalty through various case laws and the opinions of eminent jurists and Hon’ble Judges and in the end would like to conclude with recommendations about constitutional validity of death penalty.
Keywords: Death Penalty, Constitutional Validity, Capital Punishment, Deterrent Effect, Retributive Justice
by IJLMH | May 6, 2020
Embodiment of sound life and development lies in concordance among man and condition. With the overall developing concerns in regards to our living condition, ISO 14001 is perceived increasingly more as an association’s elevated level pledge to natural insurance. It was first given in 1996 to fulfil the market needs and give business an administration framework standard that requests top-level responsibility to authoritative consistence, contamination anticipation and constant improvement that can be freely confirmed through certify accreditation. The standard is generally perceived as a “non-exclusive ecological administration framework standard” which can be applied to any association, enormous or little, whatever its item or administration, in any division of movement, and whether it is a business endeavour, open organization or government office. A natural administration framework (EMS) in light of ISO 14000 benchmarks is an administration device empowering an association of any size or type to control the effects of its exercises, items or administrations on the earth. As per latest reports, there are 14,000 organizations overall ensured to ISO 14000. Of these, the dominant part are in Japan, trailed by Germany, UK, Sweden, Taiwan, USA, Netherlands, Korea, Switzerland and France. In modern division the most elevated quantities of authentications were in the electrical and optical hardware segments followed by the synthetic substances, compound items and fibre areas. As world market pressures are driving universally and locally contending organizations to comprehend the expenses and advantages of their items and administrations, the deliberate methodology of EMS can prompt advantages like diminished expense of waste administration; reserve funds in utilization of vitality and materials; lower conveyance costs; improved corporate picture controllers, clients and general society, and a system for nonstop improvement of ecological execution.
Keywords: ISO 14000, EMS, Plan-Do-Check-Act
by IJLMH | May 6, 2020
This article will provide a detailed understanding of the current scenario of the changing trends of competition in the Indian economy. The authors launch into the article by giving a brief introduction to the role of digitalization and updated technology and their effect on the competition in various markets. Competition is a dynamic concept and is subject to different interpretations. There is an emphasis placed on the Competition Laws of India and the OECD (Organisation for Economic Co-operation and Development) principles to provide for a better understanding of the reader. This article further dwells into the challenges that are faced in promoting healthy competition in a digital economy. This is followed by a brief on the method of regulating competition in market structures and other policy measures in casting a positive effect on competition in the digital economy. The authors have then outlined the challenges faced by developing countries and probable responses and remedies. Finally, the authors conclude by stating how the promotion of competition in developing countries such as Germany and the European Commission are already leading the way to it and the effectiveness of their administration.
by IJLMH | May 6, 2020
The Online Curated Content Providers have transformed the Indian society and witnessed a shift from cable operators to these platforms to watch their desired content. However, these platforms are completely different from the existing platforms in numerous ways and thus, the existing the provisions regarding censorship in the country fail to full govern these online providers. This has led to multiple litigations with respect to regulating these platforms somehow due to the controversial content being uploaded by them. Hence, the lack of a specific legislation has created ambiguity with regulation of these platforms. This led to the adoption of a Self-Regulation model by the OCCP. However, there was still discontent after this and this led to the Supreme Court directing the Centre to issue guidelines for the regulations of these online platforms. This paper aims to address the loopholes within the Indian framework with respect to the laws regarding regulation of these online platforms and provide suitable suggestions to overcome this challenge by analyzing the policies and legislation of foreign countries.
Keywords: Censorship, OCCP, Democracy, Freedom, Regulation, Guidelines
by IJLMH | May 6, 2020
Inconsistency, ambiguity or conflict between provisions of different statute creates an arena of confusion and opens the door for judicial interpretation on overlapping provisions. Sententia legis or logical interpretation calls for the comparison of the statute with other statutes and with the whole system of law in addition to the consideration of the terms and circumstances in which the statute was passed. In contemplation of the above-mentioned maxim, the intention of legislature acts as a benchmark for clarifying the inconsistency and differentiating between two statutes as a special statute/local statute and general statute. Firstly, the intention of legislature is reflected in its object which is based on historical facts and the need of immediate remedy; secondly, on the language used in its clauses. In the instant research, PMLA, 2002 is a statute which has a commonality of subject-matter with Cr.PC, 1973 and authorities under the act have been arbitrarily using the provisions of Cr.PC in the cases related to money-laundering. Thereof, I would like to analyse certain provisions of both the statues with various principles of interpretation of statutes in the light of judicial pronouncements as to conclude whether PMLA prevails over Cr.PC or not.
Keywords: Sententia Legis; Special statute; General statute; PMLA, 2002; Cr.PC, 1973
by IJLMH | May 6, 2020
The recent outbreak of COVID-19 has a devastating impact on mankind and countries globally, its outreach has also affected the trade, business and commerce of the nations. The rapid spread of the pandemic has made the Governments take eminent and vital steps to save the community along with saving the economy of the country. Amidst such policies, India took a decisive move of complete lockdown of the country which has led to disruption and closure of industries and businesses. Consequently, it has impacted the performance of contracts and obligations entered by the parties. This has endeavored to demystify the concept of Force Majeure in the commercial contracts. The current Research Paper analyses the applicability of ‘Force majeure’ clause incorporated in commercial contracts during the current pandemic outbreak of COVID-19. It further evaluates the contracts which do not have such clause and the consequences on the business transactions thereof. Lastly, the extent of limitation period of a contract is also critically analyzed.
Keywords: Contracts, Force Majeure, COVID-19, Limitation period
