by IJLMH | May 15, 2020
Abstract: In the era of modernisation and technological evolution, corporate criminal liability has emerged as an area that needs a definite determination. A huge outrage in malfeasance on the part of large corporations, and the difficulty in attributing ‘mens rea’ to an artificial person like a company, has resulted in great lacunas in contemporary criminal law. Even where this is overcome by treating corporations as ‘natural person’ for the purpose of the criminal act, limitations like no deterrence value by means of punishment prove to be challenging. This paper seeks to explore the role of corporations in economic crime and answer the question as to whether a corporation can vicariously be held liable for the actions of its employees and agents, especially when both the corporation and its shareholders materially profit from the criminal act. This question regarding the criminal liability of corporations opens doors to an extensive interpretation of corporate responsibility. The paper propounds upon the various theories on corporate criminal liability applicable worldwide. The paper seeks to show the transformation in the sphere of corporate criminal liability by elaborating upon judicial precedents over the course of time.
Keywords: Corporation, Criminal liability, Legal person, mens rea, vicarious liability, deterrence.
by IJLMH | May 15, 2020
In this research paper, an emphasis will be laid upon the role of promoters in the incorporation of a company. The research paper will also deal with the scope of promoters, that is to say, who can be a promoter. The duties that a promoter owes to the company shall be discussed in the paper and also the right and liabilities of a promoter towards the company shall be discussed. An analysis of the relevant judgments shall be made for the purpose of clear understanding of the research topic. Position worldwide of the promoters will also be analysed by comparing the Company Law in India with the Company Law in other countries.
by IJLMH | May 14, 2020
Freedom of speech is now seen as touch stone of democracy and the ability of individual to criticise the state is crucial to maintaining freedom. Free speech is one of the most significant principles of democracy. The purpose of this freedom is to allow an individual to attain self-fulfilment. The freedom of speech and expression is the first and the foremost human right as the foremost condition of liberty, mother of all liberties and to make the life meaningful. Six freedoms given in the article 19 of Indian constitution which are not absolute in nature. Absolute freedom cannot be given by a nation. If citizens are given absolute rights and liberties without any restrictions it will result in state of nature as described by John Locke. The UDHR 1948 and in its preamble and article 19 declared freedom of speech as a basic fundamental right. The freedom of speech often poses difficult question like the extent to which state can regulate individual conduct. Since individual’s autonomy is the function of this freedom, any restriction on it is subject to great scrutiny. Restrictions under article 19(2) of Indian constitution are similar to the article 19(3) of international covenant on civil and political rights.
Article19(1)(a) of the Indian constitution guarantees freedom of speech and expression to all citizens therefore restricted by the constitution itself by conferring upon the state a power to impose by law reasonable restrictions as may be necessary in the larger interest of the community on the following grounds e.g. security of the state, friendly relations with the foreign states, public order, decency and morality and contempt of court, defamation, incitement and integrity and sovereignty of India.
by IJLMH | May 14, 2020
India has experienced many precedents of what is referred to as hate crime or communal violence since independence. This communal violence has badly affected India’s religious minorities like muslims, Sikhs and Christians. This type of violence is mainly for used for social, economic and political gains. This type of violence is frequently met with mobs and in certain cases direct collaboration with state actors, ranging from exhorting violence through hate speech and denying to properly investigate the incidents after they have occurred. It follows that communal violence further exhorting the disparage of those affected and to those who face high levels of uncertainty alongside merger access to justice. These minorities have long been the target of different types of persecution such as threats, hate crimes, forced conversions and attacks on places of worship. Although in recent years there has been rise in incidents of communal violence against India’s religious minorities. Threats, hate speech and a wave of attacks around cow slaughter have particularly targeted muslims as well as to people who belongs to lower castes. Now a days, this violence has led to greater fear amongst religious minorities in particular muslims. Also christians have recently faced communal violence at the hands of mob who have attacked churches with false claims of forced conversion; reports of some minor cases of violence against sikhs community have recently emerged as well.
by IJLMH | May 14, 2020
The present paper is aimed at explaining the concept of “Uniform Civil Code towards Gender Justice”. A civil code may be a set of laws which governs the rights concerning to property also as in personal matters like divorce, marriage, adoption, inheritance etc. Article 44 of the Indian Constitution mandates implementation of uniform civil laws for personal laws. While the enactment of this civil code is restricted by virtue of it being a non-binding Directive Principle of State Policy and the jealous resistance of critics who cite the compromise of religious identities of minorities. This leads to overlooking objectivity and pragmatism during fervent deliberations on the code. The main issue of securing justice and equality to women is getting confined in many other recent issues like religion, secularism and freedom. However, gender issues in this respect required to be addressed more seriously. Though the Indian Judiciary has also done a lot but it is ground reality that there are some restriction on judiciary and it can’t take over the functions of other organs of the state.
This paper is an attempt to co-relate the question of gender justice and equality to the issue of the adoption of uniform civil code, its need and relevance for enactment throughout the territory of India.
Keywords: Justice, Equality, Secularism
by IJLMH | May 14, 2020
Arbitration is a process which is often used globally to settle disputes in the international arena; because it is a private practice outside the public eye with experts as judges and results in an award that is relatively easier to enforce than court decisions, it can be the most effective way to settle foreign disputes. In order to be eligible to begin arbitral proceedings instead of prosecution, the only provision for this is an agreement between two or more parties and when a conflict occurs later in which a non-signatory third party is so involved with the conflict that it appears unlikely or perhaps even futile to settle it without third party being part of the proceedings, he cannot legally participate in the arbitration proceedings.If such an issue is at hand, or if a third party itself wishes to invoke arbitration against one of the signatories, the courts and arbitral tribunals have established procedures by which third parties can be bound by an arbitration agreement with their express consent.
The previously so relevant notion of consent in arbitration has increasingly been replaced by the consideration of efficiency and fairness with regard to third parties. Thereof, in this research paper an attempt has been made to justify the link between two doctrines i.e. ‘Group of Companies’ and ‘Piercing of Corporate Veil’ as well as its implication,Pre and Postamendment. The paper analyses various modes through which a non-signatory party can be made binding in an arbitration agreement. This paper would be also dealing with the applicability of these two doctrines in domestic arbitration.
Further, this paper would be concluding with the process and meaning of party autonomy in context of third party and as a consequence the development of the doctrine of‘Corporate Veil piercing’ and the doctrine of ‘Group of Companies’.
Kewords: Non-signatory; Arbitration Agreement;Corporate Veil Piercing; Group of Companies; Party autonomy.
