by IJLMH | Jul 3, 2020
Evolution of Internet is one of the biggest benefits which human mankind can ever have. This evolution has changed the whole game play in the market. People have access to every place, person, market etc. With growth of the internet the commercial work started through internet. These commercial works are termed as E – Commerce. It includes many activities like, shopping, online taxi booking, supply chain management, automation, food delivery, electronic payments etc. The development of E-commerce, has made easiness for both buyer and seller as seller can reach to the any part of the globe and buyer has unlimited choices to access any seller. E – Banking sector has developed with the globalization of the country. With the introduction to the E – Commerce it was important to for the banking sector to develop its function for the easement of for both buyer and seller. Banking sector in India has amended many changes with the time which is helpful to its customer but it has also given scope to bank fraud. Issues with E – Banking have also as increased as there is no strong law to protect the IT sector of Banking regulation
Keywords: Banking, Electronic Banking, Reserve Bank of India, Banking Challenges, Legal Framework.
by IJLMH | Jul 3, 2020
This paper explains various mental disorders which are persistent in children and how the legislations have enacted Mental Health Care laws in order to protect them. Earlier legislations for mental health were mainly concerned with the custodial aspects of persons suffering from mental illness and protection of the society The laws formulated by Indian legislations are also concerned with the determination of competency, diminished responsibility and welfare of the society . United Nations Convention for Rights of Persons with Disabilities (UNCRPD) was adopted in 2006, which sets a perfect example in respect of disabilities (including disability due to mental illness) from a social welfare concern to a human right issue. The new level of standard is based on the presumption of equality, dignity and legal capacity. Human right activists can’t press more than they already are for enactment of provisions for legal capacity for persons with mental illness in absolute terms, whereas the psychiatrists are in favor of retaining provisions for involuntary hospitalization in special circumstances.
by IJLMH | Jul 3, 2020
This paper explains various mental disorders which are persistent in children and how the legislations have enacted Mental Health Care laws in order to protect them. Earlier legislations for mental health were mainly concerned with the custodial aspects of persons suffering from mental illness and protection of the society The laws formulated by Indian legislations are also concerned with the determination of competency, diminished responsibility and welfare of the society . United Nations Convention for Rights of Persons with Disabilities (UNCRPD) was adopted in 2006, which sets a perfect example in respect of disabilities (including disability due to mental illness) from a social welfare concern to a human right issue. The new level of standard is based on the presumption of equality, dignity and legal capacity. Human right activists can’t press more than they already are for enactment of provisions for legal capacity for persons with mental illness in absolute terms, whereas the psychiatrists are in favor of retaining provisions for involuntary hospitalization in special circumstances.
by IJLMH | Jul 3, 2020
As the nation progresses, there are many changes that takes place in the country. With the convergence in technologies, life is getting easier. If we consider a wrist watch which shows us the time is no longer just a strap on our wrist but a lot many facilities such as camera, GPS, music and etc. at one place. If we look at our daily activities, wherever we walk, whether it is any shop, cinema theater, malls, restaurant, petrol station, we don’t need the currency notes to transact, all we need is a plastic with a chip in it, which is our credit or debit card. We even use online transfer to do transactions. We just swipe our card and the transaction is done. The money from one account gets transferred in the account of the shop owner. The question in the mind of the people here is that where is all the money used in online shopping? It might be on some computers, stored somewhere in the world, which we assume is safe and protected we use e-mail for communication by electronically sending messages or important documents, but we don’t know if any person has created fake email in our name and using that particular email for sending dirty messages picture and videos to our relatives and friends. So, with growing technologies, crime against such technologies are also increasing. Thus, our interest in this work is all about the cyber-crimes and e-frauds happening in the reaction of the present Information Technology Act, 2000.
by IJLMH | Jul 3, 2020
The Real estate industry in India is growing and emerging with new trends, making it one of the most prominent areas for commercial transactions. It also leads to instances under which contracts are entered into time and again to carry out projects that stem from the policy making wing of our country for better infrastructure.
The nature of these contracts are not merely for the performance of duties and responsibilities by the parties but also deal with clauses for arbitration as a mechanism to settle disputes that may arise during the course of the contract. This clause is present to ensure that the parties maintain their relations for professional future prospects.
The recent trends indicate the growing need for ensuring a proper legal mechanism for the parties who bear the loss as a result of non adherence to the terms and conditions of the contract. This loss is mainly incurred when there exists a non performance of the work stipulated in the contract or failure of adherence of time in the contract.
This paper analyses the several instances of disputes in construction contracts that fall under International commercial arbitration and time limitations in passing of the arbitral award for upholding the element of time being of essence in the contract..
by IJLMH | Jul 3, 2020
Torture as an act is not just limited to the dictatorships but also personnel in the world’s largest democracies also use torture as a weapon and use multiple methods of torture against the arrested, the suspected and the prisoners as well.
Though torture is an International crime yet countries around the world yet use it in the war against terrorism. This paper discusses the morality of torture in light of the ticking bomb problem. Whether torture is justified in some circumstances where there is a question of the greater good.
This paper further delves into how India as the largest democracy in the world with multiple laws and judgments with regards to protecting the rights of the arrested the prisoners has failed to protect their basic human rights and how custodial torture has become a disease in India. It also discusses the problems with the Anti-torture bill that is still pending in the Parliament since 2010. It also discusses the various recommendations of various police commissions as well as the National Human Rights Commission. To sum up it to:-
1. Discuss the morality of torture.
2. Discuss the International Jurisprudence with regard to torture specifically under the UNCAT, the ECHR and ICCPR
3. Discuss the Laws in India protecting the rights of the arrested,
4. Discuss the jurisprudence leading up to the Anti torture bill that was introduced in the Parliament in 2010
5. Analyse the various judgments of the Hon’ble Supreme Court of India
6. Discuss the rights of women prisoners in India.
