by IJLMH | Jul 5, 2020
Companies provide the endorsement deals to the sportspersons/ athletes who have the potential to become one of the best players in the sports. It also benefits to companies to increase their revenue by advertising their products/ services to the consumers. However, what happen when an accusation or any allegation, criminal or civil, be made on such sportspersons/ athletes who are closely associated with such companies. Therefore, Moral Clause comes into the picture. This kind of clauses give rights to the company to terminate the contract with the sportspersons/ athletes or to the sports organisation to terminate the contract. Hence, in this article we will see what is moral clause in the sports, how it is important for the companies and why it can be negotiated in case a well-established sportspersons/ athlete is associated with the company. The researcher in the present article done secondary research which include books, case laws, articles, journals, statues and online database.
Keywords: – Sportspersons, athletes, moral clause, sports, brand image and negotiation
by IJLMH | Jul 5, 2020
As the world started getting more civilized, there was an imminent need for certain individuals to make sure there was a proper order in which everyone was living, this was the first time the world had ever need police. These were supposed to be trustworthy individuals, who would work for the betterment of society and help decrease the crime rate. For this purpose, these individuals were vested with powers. Some police officers became national and international heroes, saving lives, arresting evil men and women while others became evil for the members of the society, inflicting nothing but brutality and violence. This article seeks to understand the history of police brutality in India and attempts to provide some solutions for the same.
by IJLMH | Jul 5, 2020
The flagrant violation of arrest & detention guidelines in consonance with the whimsical actions of police personnel is almost as popular as are the fanciful ways adopted for arresting an individual even before a proper plausible case appears to be made out. What surfaces at later stages of the investigation and trial are instances of gross lapses and unreasonableness in curtailing of individual liberty thereby often accelerating public dismay at the functioning of the authorities. Usurpation of this power not only causes humiliation to the individual but also adds to the increasing number of petty disposals at the courts and acts lesser effective in cases of evasions and encountered arrests. In the midst of the ongoing pandemic, the numerous instances of frivolous cases of arrest registered against innocent migrants have been condemned and called out by the Apex court. In light of the alarming rise in such actions, the authors of the paper seek to address this legal premise and sensitize about the judicious use of the power so entrusted to the authorities.
Keywords: Whimsical actions; evasions; encounter arrest; Public dismay; frivolous cases
by IJLMH | Jul 5, 2020
The term “Secularism” as mentioned in the Indian constitution is an integral part of the country and the freedom of religion is a fundamental right provided to each and every citizen of India. We Indians, consider religion to be an important aspect of our lives. Not only our Country’s constitution but other state laws too, talks about protection and upholding of a person’s religious belief. In a country like India, Religion has always been considered as a very crucial and sensitive topic in fact to such an extent that India is considered as one of the most religious country in the world having a religious and divine culture dating to the early ages. But then again with every rose comes a thorn and religion wasn’t spared too and soon enough hate crimes and other violence followed suit. Violence in the name of religion has become a daily activity for suppressing minorities and hate crimes have increased by a huge extent. The word hate crime might be a simple English word but its effects are deeper and wider ranging than those of other serious crimes such as murders and assault. Its impact leaves an everlasting dent not only on the immediate victim but also on the community with which the victim identifies hence affecting social cohesion and stability. This paper concentrates on the crimes committed in the name of religion. More specifically, the first half of the paper discusses the concept and scope of hate crimes and its religious aspect and lays out an extensive timeline of the evolution of hate crimes in India post-independence and the latter half talks about the current scenario in India along with case studies.
by IJLMH | Jul 5, 2020
With the onset of the 21st century, the Internet has penetrated the lives of the global population in a significant manner. With the growth of technology and ease of access, more people are now online than ever before. India is no alien to this technological change. The Internet has proven to be a useful tool in dissemination of information, and has made it easier than ever before for information and data to flow. This data is also monetized online to sell ads, and therefore, information has economic value as well. However, with all these changes, crime in the cyber space becomes advent and the data and information on the internet are at risk of being misused. This paper discusses the various cybercrimes and their consequences with relation to women, with an emphasis on Delhi, the capital of India, and the risks and policy/safety measures to combat crimes against women in cyberspace.
by IJLMH | Jul 5, 2020
Money Laundering is the process of concealing the true origins of money which is actually procured from illegal sources using outlawed methods or criminal activities. By the process of Money Laundering, money obtained via illegitimate means is converted into money that seems to have been earned through legal means. Money Laundering is an offence recognised almost across the entire Globe. It is used by some people for wrongful gains to avoid prosecution, taxes, etc.
The Paper aims to discuss what Money Laundering means and the stages that illegitimate money i.e. “proceeds of crime” goes through before taking the form of legal “clean money”. Further, the Paper shall be attempting to throw light upon the effect of Money Laundering on the economy. From a Statutory Perspective the Paper shall then talk about the Legislation that deals with Money Laundering in India i.e. Prevention of Money-Laundering Act, 2002 (hereinafter referred to as “PMLA, 2002”) along with its features. The PMLA, 2002 is an Act which came into effect on July 1st, 2005. The Act deals with the prevention and adjudication thereto of the offences relating to Money Laundering and its proceeds.
The paper shall further discuss features some specific provisions like the ones relating to Arrest and Bail thereof, Attachment of Property, Adjudicating Authority, Statements made to Enforcement Directorate Officials that may be used in evidence, etc. An endeavour has been made to draw a comparison between the National Perspective and the Global position. However, for the most part, the paper shall be confined to the Domestic Scenario, for the sake of relevance and brevity.
Next, the Paper intends to probe into the Judicial Outreach by discussing some prominent landmark Judicial Pronouncements clinched by some observations and suggestions.
Keywords: Money Laundering, Prevention of Money Laundering Act, 2002, India, Crime.
