by IJLMH | Jul 3, 2020
Environmental philosophy studies, analyses and to some extent justifies the human actions/interventions into the non-human world (Environment). It examines the relationship between the Mankind and environment. Green criminology is at a very nascent stage. It is radical and contemporary to the transgressive criminology. It is the study, which is interested the cause and impact of the harm caused to the environment, even though when such harm caused is legitimate. It is not the study based on one theory, its scope is ever evolving and takes into account the progressing harmful, dangerous actions. Plundering and exploiting the natural deposits of the Earth, for the well-being and benefits of the powerful strata or for the greed of mankind has only freshly been taken as crime (Green Crime).
The present paper focuses shall on to all such kinds of harmful behaviours, which has capacity to cause difficulty for the survival of the life on this planet. These harmful acts committed by mankind in daily lives is termed as Ordinary acts which reduces the potential to assist the viability of life on this planet. Moreover, such ordinary acts have numerous features and characteristics like: they are openly performed, they are not forbidden by law, they are acceptable, acts performed in routine by an individual, which collectively have a fundamental, considerable influence on the environment. These behaviours shall be discussed from the perspective of the acceptable socio-psychological theories of criminology like: strain theory, social learning theory and opportunity theory while unravelling the criminality.
Keywords: Ecocide, Green Crimes, Green Criminology, Opportunity Theory, Retail therapy, Strain Theory, Social Control Theory.
by IJLMH | Jul 3, 2020
Article 15 of the Indian constitution deals with discrimination on the basis of caste, gender, religion, sex, place of birth… Basically the inherit discrimination in the Indian society among the gender, sex and caste found in the Indian society due to division of the population on the basis of their occupation, but the passage of time the motive of the caste classification changes their intrinsic values and takes their converted version and the caste system now based on birth. In India discrimination on the basis of gender is also present in society, Parliament of India, highest body for the legislation not yet pass a bill for 33% reservation for women in the Lok Sabha election, however, reservation for the women in the Panchyat elections since 1993. All the humans are equal because of all are human but all humans are not equal in physical and mental level. For the equality among equals constitution of India has special provision for the women and children. And for the betterment for the backward classes many provision enables in the constitution. This article is analysis of article 15 and its provision.
by IJLMH | Jul 3, 2020
Copyright as an intellectual property right protection is the right granted solely to the architect of any creative work. Since it does not require registration in India, it is granted simply when the origination of the copyright takes place. However, there are certain exceptions to copyright infringement in India based on either fair dealing and other specific activities mentioned in the Copyright Act. The author looks at a recent interpretation of one of these exceptions and how its broad interpretation can be harmful for copyright law in general.
The Division Bench of the Delhi High Court in December 2016 dealt with a rather interesting case that sparked a lot of controversy, owing to the magnanimous number of stakeholders involved, which were, the students of Delhi University. The issue pertained to ‘course packs’ distributed to students by a photocopying centre. These ‘course packs’ would be created as a collection of photocopies of portions of books as required by the students for the syllabus.
The precedent set in the judgement would change the entire concept of educational books and authorship in years to come and with the rise of the digital era, would change how the education system works with respect to educational resources.
Keywords: copyright law, fair use, course of instruction, education, personal use.
by IJLMH | Jul 3, 2020
There is growing gap between the fundamental thoughts of early management authors and current, mostly subordinate authors, accounts of how these pioneers developed their ideas among modern scholars and students. This deficiency can be rectified by searching for original sources from when the idea of an innovator were being articulated, and the context from which it took place. In this paper I discuss how the definition of management has changed over time and how scholars have moved away from the classical management of work towards Scientific management theory. In this paper have also discussed how these two management theory have furthered knowledge of the history of management by finding and translating pioneering writings, and a present a rare translation of these theories. A special focus has been given to Henry Fayols 14 point principle and how they have changed the course of management overtime. I have comprehensively critically analysed each and every aspect of management theories and ultimately given key differences between both the theories.
by IJLMH | Jul 3, 2020
The legal services authority act, 1987 came into force throughout the country w.e.f. 09-11- 1995. Thereafter Delhi State Legal Services Authority came in to force in 2002 which covers 11 district legal services authority establish under section 9 legal service authority act 1987.1 Access to justice, in its widest sense of the effective resolution of disputes whether through court – based litigation or alternative dispute resolution processes, is an essential aspect of ensuring the realization of the fundamental rights recognized and given protection by the constitution. The courts run on very formal processes and are presided by trained adjudicators. The concept of Lok Adalat was a new chapter in a process of elimination of delayed justice resulted in denial of justice. This System of Lok Adalat is based on Gandhi an principle. Article 39 A of Constitution of India provides for equal justice and free legal aid. It is, therefore clear that the state has been ordained to secure a legal system, which promotes justice on the basis of equal opportunity. The language of Article-39A is understood in mandatory terms. This is made more than clear by the use of the word “Shall” in Art-39A.
In Lok Adalat, disputes are not only settled but also the cordial relations between the parties are retained as disputes are resolved amicably. Hence, it is a very healthy way of dispute resolution.
Lok Adalat play a very critical role to encourage and strengthen “Equal access to justice”, the heart of the constitution of India, a reality. Maximum number of Lok Adalat are been organized to achieve the Gandhi an Principle of Gram Swaraj and “access to justice for all”.
by IJLMH | Jul 3, 2020
This case was filed as an appeal (No. 91 of 1926) against the judgment of High Court of Judicature at Bombay, confirming a decree of the same High Court (Pratt, J.), on its Original Side, dismissing the suit of the Plaintiffs. The case was presented before a three-Judge bench comprising of Lord Shaw, Blanesburgh and Salvesen. The case was decided on the 8th May 1928. The alternate citation for the present matter is AIR 1928 PC 180.
