by IJLMH | Nov 12, 2020
Generic drugs are the same as those already approved in the dosage type, safety, strength, path, consistency and performance characteristics of an already approved brand name medication. Only after a thorough review by FDA and after a certain period of time the generic drugs be available, the brand name version is exclusively on the market. This is because new drugs are generally protected by patents, like all new goods and the emerging pharmaceutical R&D scenario in India has several constraints in the context of global models and approaches for new drugs from concept to market. India should give a thought on the growth and of the pharmaceutical market and on how to balance the cost of innovation in drug research and universal access to the fruits of this research.
by IJLMH | Nov 10, 2020
The purpose of this research paper is to enlighten the reader with the rights of victims in Indian criminal Justice System. Often times the rights of the victims in our legal system is disdained or not given enough priority by the legal authorities. One of the primary reasons of this issue is that most of the average citizens in a state/country do not know what rights will or should be administered to them in case they are subjected to a crime. In this research paper, the author has first tried to acknowledge the definition of a victim in our legal system as well as definition provided by the international body, United Nations. Then the author has state victims’ rights of victims in four parameters. The purpose of this method is to clearly categorize the various rights and remedies for the better understanding of the research paper. The author has also given some suggestions that, if properly implemented, can really enhance the current role and status of the victims in Indian criminal Justice System. Through this paper the author has come to conclusion that even though codified laws and remedies are accessible in our Legal system but still they are not fully implemented or administered to the victim or the person suffering the harm when he/she needs it the most. There is a wide sphere of improvement which is still remaining to be filled.
by IJLMH | Nov 10, 2020
The Appellant and the Respondent, in this case, were Officials of the Indian Administrative Service (“IAS”). Both the appellant and Respondent for this situation were married on 13/12/1984 at Calcutta under Special Marriage Act, 1954. The Respondent (the spouse for this situation) was a divorced person and right now had a female youngster at the hour of her second marriage from her first marriage. The guardianship of this female kid was in the possession of the Respondent given by the District Court of Patna when the respondent has gotten a separation order against her first spouse, Mr. Debashish Gupta, who was likewise an IAS official. Both the parties in the current case had known each other since 1983. The respondent used to meet with the appealing party between November 1983 and June 1984. They in this way developed a dear fellowship which later formed into romance and along these lines into a marriage.
The respondent’s first spouse, Debashish Gupta filed a belated appeal against the pronouncement of separation procured by her from the District Court of Patna. In like manner, during the pendency of the appeal, she persuaded the Appellant to agree to the marriage quickly so the appeal of Debashish Gupta may become infructuous. The marriage between the parties was solemnized on 13.12.1984. According to the litigant, not long after the marriage, the respondent asked the appellant not to interfere with her professional life. She had moreover unilaterally made a decision not to have a kid for quite a while and the appellant should not be interested in her child and he should endeavor to keep himself reserved from her very far. As shown by the appealing party, there was the inconvenience of proportioning in feeling in the field of affection, affection, future organizing, and standard human relations anyway he made a not too bad endeavor to become acclimated to the situation made by the respondent. The appealing party has affirmed that this ill-advised conduct of the respondent before long turned into a typical thing for both the parties in a matter of moments. The Appellant additionally referenced various rates where the respondent’s inappropriate conduct arrived at its pinnacle and thus likewise hurt the appealing party both intellectually and truly. Which incorporated the disregard of taking minding of everyday marriage schedules by the respondent towards the Appellant. The most significant decision is the one-sided choice of the Respondent to not tolerate any offspring of the appealing party.
In 1985 when both the parties were living in the same house alongside a worker cum-cook which was dispensed to the Appellant, the respondent claimed that the girl of the respondent may be in peril because of the cook and hence the respondent accepting these charges as premise moved to another house, subsequently from September 1985 both the parties were living independently. After several transfers of his job, the Appellant at long last got back to Calcutta in 1988 and began living with the respondent once more (as of now the mother of the respondent additionally used to live with the respondent).
The Appellant attempted to overlook all the previous agonies and attempted to begin another life any way he kept on enduring mental injury because of the respondent and her mom. The respondent at no-specific occasions used to tell the appealing party that the little girl of the respondent isn’t the Appellant’s little girl and accordingly the litigant ought not to love or care for the girl. The equivalent was likewise being incited to the little girl by the respondent and respondent’s mom, because of which the girl began keeping away from the appealing party which has made mental mischief the litigant.
As indicated by the appealing party, the worker cum-cook came to the flat on 24/08/1990 and remained there the night. The following two days were holidays. The respondent and her dad were additionally there. On observing the worker, the respondent began yelling on both the worker and the appealing party, alongside the respondent, the respondent’s dad additionally began yelling in a pre-considered idea. The Appellant was approached to leave the level by the respondent. The Appellant felt very offended and mortified and this left the level. Along these lines, again the couple began living in various pads once more. The appealing party has additionally expressed that the respondent has declined to dwell together with the Appellant and doesn’t give him the marriage joy and has made the girl of the respondent act in a terrible way to the Appellant, even after the Appellant being a decent dad. Appropriately, both the parties have been living in various houses since 27/8/1990. Following similar conduct of the respondent, the Appellant has filed a divorce order which was conceded by the Trial Court to him on 19/12/1996. The respondent however expresses that they have been living joyfully in any case, the family members of the appealing party are not content with the respondent and hence they have constrained the Appellant to file the divorce order and that the appealing party chips away at the guidelines of similar family members as it were. The division seat of the High court vide judgment dated 20/05/2003 has turned around the choice of the trial court because the Appellant couldn’t demonstrate mental mercilessness by the respondent. In this manner, the Appellant has recorded an appeal under the watchful eye of the high court by Special leave request.
by IJLMH | Nov 10, 2020
Our hugely expanding reliance on the Internet for the utilization of social networking destinations have made a few legitimate issues in the nation. With regards to maligning, the greatest issue can be sorting out the individual who has proposed to hurt our notoriety or the outsider who has perused the disparaging proclamation concerning with regards to site pages, for example, web journals or other media locales including papers or magazines. This is on the grounds that bloggers might be straightforward or may decide to keep their names or personalities anonymous to secure themselves. Hence this might be exceptionally difficult to decide the individual who has distributed the announcement in the event that it shows up on somebody’s blog. Consequently it very difficult to follow these individuals. When a slanderous proclamation is distributed on locales, for example, Facebook, it rapidly gets flowed and furthermore read by countless individuals making harm an individual against whom the announcement is made. Online discourse that is hostile, injurious or derisive has pulled in incredible consideration in India and somewhere else, and regularly prompts requires its criminalisation. In any case, while the privilege to opportunity of articulation is dependent upon sensible limitations both under Indian law and global law, these are decently barely characterized, and a lot of what may be viewed as scorn discourse socially isn’t really so lawfully. How, at that point, to manage and push ahead on this troublesome and touchy issue? The extraordinary volume of data and a simple method of moving it on the Internet makes it a basic wellspring of criticism. In the wake of investigating on the aforementioned point, it very well may be said that the current situation of India with respect to laws don’t have a sufficient methodology towards instances cyber defamation. Likewise, maligning laws ought to be adequately adaptable to be applied to all media. As the maligning laws in the period of the Internet, it turns out to be basically difficult to apply the standard of eighteenth and nineteenth century cases to the issue emerging on the Internet in the 21st century.
Keywords: Cyber Defamation, Hate Speech, Cyber Law, Legal Intent, Online Crime
by IJLMH | Nov 10, 2020
The investors in Special Economic Zones of India are looking forward to year 2020 with much uncertainty. The reforms in policies regarding Special Economic Zones were under reconsideration after the Baba Kalyani led Panel, which was set up by Government of India, submitted its report. The Panel had recommended that SEZs be converted into Employment and Economic Enclaves. It laid emphasis on employment, value addition and dispute resolution. Meanwhile, the World Trade Organisation reported that Export subsidies in Special Economic Zones of India are in violation of the multilateral norms committed by India. India has preferred an appeal over this decision and the same is pending before the Appellate Authority. In addition, certain benefits provided Special Economic Zone Scheme are scheduled to expire on March 31, 2020. A combination of these factors has made 2020, an uncertain for the investors. In light of the above, the objective of this paper is to answer the question what can be reasonably expected by Investors in Special Economic Zones of India in coming years and to provide recommendations to investors to take reasonable caution and to policy makers to make India attractive to investors.
Keywords: Special Economic Zones of India, World Trade Organisation, Trade in India
by IJLMH | Nov 10, 2020
The Maritime Labour Convention was touted as the foremost legislation in protecting the rights of seafarers. With international shipping accounting for 95% of the world trade, seafarers are both the most essential and at-risk workforce. They are exposed to harsh and unexpected weather conditions coupled with strenuous physical labour and the mental toll of being separated from their family and friends. While at sea, these workers are far away from the well woven umbrella of law. The Maritime Labour Convention was established as a mechanism that can extend this umbrella through mutual cooperation of the port countries and international bodies. However, this aspect of the Convention could very well be part of its own downfall as the convention is only as good as the manner in which they have been adopted by the signatory countries. India being the leader in supplying human resources for shipping and maritime trade as well as a signatory to the Convention has a responsibility to ensure that a robust national legislation is set in place. But the numerous cases of abuse of Indian seafarers who are left without repatriation, abandoned on ships or even forced to accept brutal conditions to retain their low paying jobs proves that the Indian maritime legislation is lagging behind the international standards of labour rights. This article navigates through the deplorable conditions faced by seafarers on international waters and delves into the importance of the comprehensive Maritime Labour Convention. The article further highlights the current maritime legislative tools available in India and analyzes whether these tools are sufficiently protecting the rights of the seafarers.
Keywords: Martime Labour Convention (MLC), Merchant Shipping Act (MSA), Merchant Shipping (Maritime Labour) Rules, India
