by IJLMH | Sep 13, 2020
Kerala is one of the many states in India which allow 50 per cent reservation for women in local self-governance through the Panchayati Raj act of 2005 and hence the representation of women in the same has risen to almost 54 per cent, as of 2015. However the same is not reflected in the upper levels of governance namely state legislature and parliamentary elections despite Kerala being praised as a forerunner of women empowerment in India. The current state legislature has a mere 8 female members out of 141, which was almost the same since the first assembly which had 7 women members. Not to mention the state also send only one member to the Parliament, a numerical trend which has been consistent since 1950. Through this article, I would be examining whether women members of various local self-government bodies (Panchayat, Municipality etc.) have the same agency as that of a man and what are the factors and conditions preventing her from achieving the same.
by IJLMH | Sep 13, 2020
Law is not just about reading and applies the written word as it is. Understanding law requires the interpretation and application of legal rules and doctrines as well. Hence, there arises a need to introduce a sane approach to problems of and about law. The sane approach would be purpose of the facts and circumstances of each case and not mechanical application of law. Looking at appliance of law from this perspective can be called a ‘realist’ interpretation of law. Thus comes up the question that what part of judicial decision making is based on legal reasoning, which can also be put as the facts earn points in a case or are the black written word is the binding force. Being realistic is the approach to solve any problem one says. The theory of realism can be said to be born out of this simple thought.
It was around 1920s that some American Jurists notably Holmes, Cardozo and Gray raised their voice against legal conceptualism and stressed on the study of law as it actually operates and functions. They emphasize on functional and realistic study of law not as limited in the statute but as interpreted by the Courts in their judicial pronouncement. They were called Realists and their legal approach has been called Realist School of jurisprudence. Though it also is pertinent to mention here that some jurists refuse to accept realism as a separate school of jurisprudence and hold that at best it may be called as a branch of sociological jurisprudence. The reason for this emanate from the inability of the realists to present their views in a coherent fashion as there are different degrees of realism and various fronts and opinions.
by IJLMH | Sep 12, 2020
Coronavirus has caused devastating effects both in terms of economic and health around the globe. No country be it the United States or India is left untouched by this notorious virus. Many Pharma companies around the world situation are running against the time to find the vaccine for this virus before it can cause more mayhem. However, the question comes up that for instance, any pharma company is successful in developing a vaccine against the virus, so can it have patent rights over the same? Moreover, having patent rights also creates a kind of monopoly in the market, thus helping the patent owner to earn huge profits through its vaccine because the price of the vaccine shall be high, which results in poor people deprived of the same. There are precedents both in international as well as domestic level including laws, judgments which provide states that the states have over-riding power on the patents, to help the poor people get the vaccine at the cheapest rate possible.
by IJLMH | Sep 12, 2020
In this paper I will be critically analyzing the concept of anti-defection laws. In the analysis paper will be dealing how the concept of anti-defection laws was introduced to the Indian Legal System, how it impacts the very basic tenants of the democratic step up. This system was brought to with the intent to stabilize the Indian Political System. Over a period of time the objects of this act are being molded to suppress the basic tenants of the democracy. This act in the present days is being misused by the political parties to suppress the voice of their own elected representatives. So paper will try to ignite some idea so that the democratic institutions can be protected.
by IJLMH | Sep 12, 2020
In the present paper, the authors seek to analyze the impact of the increased use of the drones in today’s economy. Drones in technical sense refers to an unarmed aircraft or formally known as the unmanned Aerial Vehicles (UAV) or unmanned Aircraft Systems. It may also be defined as a flying robot which is monitored or controlled by with the help of a remote control or through the help of downloaded software and works in coordination with the onboard sensors and the GPS. Drones are being used for a variety of purposes depending upon the type of the drone being used, the drone can be used either for military use, commercial use or even for general civil purposes by the common public. It is this increased use of drones which has raised fears regarding the privacy of the citizens of the world and along with this there have been numerous incidents of drones causing interference in Air-traffic or there are also cases of cyber-fraud being committed through the help of drones. Privacy of individuals, being now declared as a fundamental right of the individuals across the globe, has risen as the most important concern to be solved in the modern economy. This in all and all has necessitated the need of stricter regulations being imposed on the use of drones, and countries across the world have come up with different legislations to control the disturbance created due to the use of drones. The present paper studies the extent of interference caused by drones in the context of right to privacy of the individuals in both national and international spheres. Through the scope of this paper we will try to understand the basics of drones, the uses to which it can be put, the problems with the increased use of drones, the legislations National and International and the possible way forward to manage all the activities.
Keywords: UAVs, Drones, Military, Commercial, Privacy, Cyber-Fraud, Air-traffic, Fundamental Right, Legislations, National and International Spheres.
by IJLMH | Sep 12, 2020
Mortgage is a conditional conveyance of land designed as a security for the payment of money, the fulfilment of some contract, or the performance of some act, and to be void upon such payment, fulfilment or performance1. Mortgage is the translation of vadiummortuum – dead pledge, so named because the land was turned over to the mortgagee or lender of the money, who received the profits or revenues of it without applying them in satisfaction of his debt, and the land thus became dead to the mortgagor or borrower who derived no benefit from it. This was regarded as in the nature of usury on the part of the lender and was looked upon with disfavour, in modem phrase as contrary to public policy. A mortgage is a disposition of property as security for a debt, the security being redeemable on repayment or discharge of the debt or other obligation. Generally, whenever a disposition of an estate or interest is originally intended as security for money, whether this intention appears from the deed itself or from any other instrument or from parol evidence, it is considered as a mortgage and redeemable. Every mortgage implies a debt and a personal obligation by the mortgagor to pay it. This paper further explains three aspects of mortgages and intends to cover all aspects which related to mortgages in general.
Keywords: Mortgages, Definition of mortgage, Mortgage under Banking Law.
