by IJLMH | May 4, 2020
Section Thirty of the Negotiable Instruments Act, 1881 defines the liability of the drawer wherein the drawer is required to compensate the holder of cheque in case of dishonour by the drawee. In this case, it is the drawer’s but not the drawee’s fault. Section Thirty-One of the Negotiable Instruments Act, 1881 defines the liability of the drawee wherein drawee is required to pay the obligated amount of money to the holder of cheque when there are sufficient funds in the drawer’s account applicable to the payment of the cheque. If the drawee fails to pay the requisite amount without any lawful justification, in this case, it is the drawee’s but not the drawer’s fault.
The Supreme Court of India held that:
“[I]n construing a statutory provision the first and foremost rule of construction is the literal construction. All that the Court has to see at the very outset is what does the provision say…The other rules of interpretation, for example, the mischief rule, purposive interpretation etc. can only be resorted to when the plain words of a statute are ambiguous or lead to no intelligible results or if read literally would nullify the very object of the statute. ”
In other words, laws cannot be read literally because they are open to judicial interpretation due to the subjectivity of the cases that are brought before the Judiciary. Similarly, Section Thirty and Thirty-One of the Negotiable Instruments Act, 1881 is linked to various provisions majorly being Section Six, Seven, Eight, Thirty-Five, Eighty-Seven, Ninety-One, Ninety-Two, One Hundred Thirty-Eight and One Hundred Forty-One of the Negotiable Instruments Act, 1881. Liability of the drawer is subject to dishonor of cheque. Dishonor of cheques as mentioned in Section 138 of the Negotiable Instruments Act, 1881 is due to insufficient funds in the drawer’s account or due to the amount mentioned in the cheque exceeds the amount that can be paid by the bank under an arrangement between the bank and the drawer of the cheque. However, there are also other reasons for dishonor of cheques – Account Closed, Stop Payment Instructions, Refer to Drawer and Not A Clearing Member – that are not explicitly mentioned. The need for the present study is the fact that these intricacies of the Negotiable Instruments Act, 1881 are not widely available in academia, and the author aims to consolidate such interpretations clubbed along with his interpretation and make it available to the wider mass.
by IJLMH | May 4, 2020
Our whole system of conduct is based on our constitution and everything is supposed to work according to the guidelines and laws laid down by the constitution for its citizens. Therefore, the purpose of having a Constitution is to transform the society for the better and this objective is the fundamental pillar of transformative constitutionalism. It’s evident that the Constitution transformed the relationship between an individual and a state, it laid down several codes and conduct to be followed by its citizens for the smooth running of a country. But the question is, is the constitution stagnant by nature? The article answers the question with reference to the recent landmark case of Indian Young Lawyers Assn. v. State of Kerala.
The Article further explains what constitutional transformation actually means, its relevance in the present time and how it was referred to in many aspects of decision making. The concept of transformative constitutionalism, which is an actuality with regard to all Constitutions and particularly so with regard to the Indian Constitution, is, as a matter of fact, the ability of the Constitution to adapt and transform with the changing needs of the times. We can also see that in the post-independence India, many of the practices, rituals, taboos and gender-based inequalities have been variously brought down by progressive social reform movements, legislative developments, etc. Constitutional transformation as an ever evolving aspect and an unavoidable principle in the present scenario.
It also critically analyses the Sabarimala Judgment, how the war of religion and prevalence of gender inequality in the society ended up creating a stir in the legal system of the country. Towards the end of the article, it would like to positively end by suggesting some outlook towards the aspect of Constitutional Transformation and how prominent is its role in the Indian legal system
by IJLMH | May 4, 2020
The development of crime is as old as the dawn of human life, and some criminals are as brilliant as intellectuals. Advances in science and technology have long been used and abused. The investigative procedures of the past are hence no longer as effective, and there is a need for the inclusion of advanced procedures in the investigative pathway. Laws should change according to changes in society; so should their procedure and regulation when it comes to dealing with criminals. Justice cannot be rendered without proper evidence; there is an urgent need to obtain relevant information from an arrogant, aggressive, and uncooperative source to be used as evidence in a Court of Law. Police investigations often result in physical torture and coercion. Such inquiry becomes painful and inhumane; it can even develop into third-degree torture. Such techniques are only used for quick results but are examples of bad investigation. Any suspect will confess to almost anything to escape the pain of such torturous conditions. While every judicial system’s motive is to punish culprits without harming their dignity, older investigative techniques not only harm dignity but also result in the punishment of potentially innocent people as they sign off on whatever the investigating authorities may ask them to in a bid to escape the pain of torture. The Narco-Analysis test is one of the latest scientific development in the investigative procedure. It involves the recording of statements from suspects put into a sub-conscious stage by the administration of certain chemicals. They are rendered incapable of manipulating information and reveal what they know; this is a painless yet effective procedure. That said, it is often criticized by specialists in Constitutional Law; the Evidence Act of 1872 is also silent about this sort of investigative procedure.
The objective of this research work is to learn how this procedure contradicts Article 20(3) of the Constitution of India, detail its effectiveness to act as evidence in a Court of Law, and present an analysis of its usefulness. Case laws will be used to better understand the concept and its viability and how it is viewed by the Indian Judiciary.
Keywords- Evidence, Narco-Analysis tests, Criminal, Investigation.
by IJLMH | May 4, 2020
Netflix is an online organization with corporate base camp in Los Gatos, California. Netflix was established by Hastings who is additionally the CEO of the organization. Netflix’s key business is online rental administrations in the product business. Netflix’s product business administrations length different programming items and administrations. Among these are DVD motion pictures and a few other programming items. In spite of frustrating outcomes on its presentation toward the start, the creative business person kept on fitting the organization while recognizing and misusing new open doors that introduced themselves. The author aims to compare the marketing strategies of Netflix with Porters five force model of marketing and his generic strategies and finally look at how the same is applicable in the current world.
Keywords: Porters Five Force Model, Value Chain, Netflix, Marketing.
by IJLMH | May 4, 2020
It is a historical fact that since the beginning of time women have been discriminated against in all the religions, however, there isn’t any logical basis for it. It was Manu Smriti, the first lawgiver, in India which allowed to beat women if she didn’t take consent of husband for doing certain things. Therefore, the concept of abuse of women has started from ancient India itself. The shocking point is that because of violence at home children are affected to a great extent, they become violent themselves in the future mimicking their factor when getting angry, further, destroying their families. Women must be encouraged to fight, not ignore the violence. Moreover, most important factor is that even after Government has enacted Domestic Violence Act, 2005, because of its poor implementation women aren’t able to avail justice or get away from such situations. The research article gives literature review, theoretical framework about domestic violence and then discusses child marriages & domestic violence, tries to give critical analysis of the Domestic Violence Act, 2005 which was enacted in order to curb the abuse, further, the paper tries to examine its implementation process in India and does data analysis of National Health and Family Survey reports on the Domestic Violence and provides summary of key findings and suggestions.
by IJLMH | May 4, 2020
A well-known trademark is a popular mark, logo or a symbol that signifies a particular brand and it is the hard earned goodwill and reputation of a brand. A trademark becomes well-known based on the degree and duration of recognition which it receives in the market, the geographical area of recognition and the value associated with it. Registration and unauthorized usage of such a trademark leads to infringement of the trademark. Well-known trademarks are protected in most countries against marks which are considered to be a reproduction, imitation or translation of that mark only if they are likely to create confusion in the relevant market. “Protection of Well-Known Trademarks” is an emerging area and it was introduced only in the year 1999. A trademark is a unique sign or indicator used by an individual or a business to distinguish its goods or services from those of other goods or services. The provisions of well-known trademarks are incorporated in the Trade Marks Act, 1999. The main problem of the research is to find out how the court determines whether a brand has a well-known trademark or not, as the owners of such marks spend huge sum of money to build their reputation and maintain popularity in the market. This paper will find out when the dilution of trademarks occur. The aim of the research is also to examine about the protection of well-known trademarks in the jurisdiction of US and UK.
