by IJLMH | Dec 7, 2020
We, the people of India are committed to the Constitutionalism and to the rule of law. In recent times, there have been occurrences of many violent protests in the form of demonstrations, processions and call for ‘bandh’ etc. for certain cause, by means of blockade of public roads, railways and causing destruction to the public property. Such protests are being done against the laws enacted by the Parliament, like the Citizenship (Amendment) Act, 2019 (CAA) and the Farmers’ Acts, 2020. The aforesaid, unlawful demonstrations, processions and call for ‘bandh’ etc. in exercise of the supposed implied right to protest, under Article 19 (1) (a) & (b) of the Constitution, are abuse of right to protest and interference with the fundamental rights of the citizens. We have fundamental right to protest by peaceful means, but such right is subject to reasonable restrictions and it should be exercised in good faith, by taking care of the fundamental rights of the others. In this paper there is an endevour to examine the compelling reasons and justifications before the State to enact the “CAA” and the Farmers’ Acts, 2020; the scope of the right to protest and its abuse; and its effect on fundamental rights of the citizens.
by IJLMH | Dec 7, 2020
Every business or company is known by its goodwill and brand value. This goodwill and brand value acts as its identity. The business gets its identity through trademark. A good quality product and trademark goes hand in hand, attracts consumers and is a source of income. Trademark helps the business to build a reputation of its own for a successful venture ahead. But every coin has two sides. Similarly, trademark on one hand helps the business to form a successful goodwill and on the other hand it is susceptible of being infringed or misused. “Deceptively similar” trademark is one of the ways by which an existing trademark can be infringed or misused. Consumers thus cannot differentiate between a genuine trademark product and a deceptively similar trademark product. As a result, goodwill and reputation of a genuine trademark holder remains at stake and one who deceptively uses that trademark encashes the goodwill of the genuine trademark holder. This research article aims to study the concept of deceptive similarity under the Trade Marks Act in India, its origin, historical background, development and the various landmark judgments on deceptive similarity of trademarks in India.
by IJLMH | Dec 7, 2020
Domestic Workers generally come from the backward areas within vulnerable communities. Even though the Domestic workers are covered under the unorganised sector, they don’t have a regularized working hour as well as minimum wages. They come under the terms of Service Category of unorganised labour force. As of now there is no exact number of data regarding domestic workers in India. However, about 50 million, approximately estimated under domestic workers category in the Country. Major steps in the recent years have been taken to provide legal protection and social security to domestic workers by the Government of India. Unlike other forms of works, the nature of domestic work is considered to be a unique one. But on the other side they have to manage the dark fact of their employers. They were the most exploited labour force in India as there is no kind of Union started by their own to solve their issues and raise against the exploitation.
Those women who were employed for domestic work will be already belonging to a poor family and because of their financial situation they were engaged into the kind of domestic works. But the employers by using this situation they were exploiting them sexually and giving torcher to them. Though it can’t be brought down to all employers as some of them were treating their women domestic workers as the part of their family and offering them all their needs.
The present paper attempts to describe the problems faced by the women domestic workers in India. It also attempts to identify the protection given by the Government of India under the Law as well as schemes specifically to them. And suggest the way to improve their standards among other unorganised sector workers in India.
Keywords: Domestic Workers, Women, Human Rights Violation.
by IJLMH | Dec 6, 2020
The process or strategy with which we can resolve the dispute outside a Court can be stated as Arbitration. Specifically speaking about International Commercial Arbitration, it can be stated as the alternative dispute resolving method between private parties that are commercial in nature conducted in different nations which will help in avoiding legal action in the National Forum. With changing technology and rapid increase in economic status, India is establishing itself in the world of international commercial trade. Countries like China, USA, Singapore, United Kingdom has set astonishing examples in the world of Commercial Arbitration. The arbitration proceedings have been universally accepted with uniform standard norms by UNCITRAL Model Law which has been followed by countries practicing commercial trade. In this research work, the analysis of Singapore Law regarding its National Commercial arbitration would help us to analyze about why it has been accepted as the most preferred destinations as like London. This would help in visualizing what changes need to be accepted that would create the Indian Arbitration process stronger amid the flaws which will strengthen the practices. SIAC or Singapore International Arbitration Centre rules getting compared to Indian Arbitration and Conciliation Act, 1996 and its analysis will help us in knowing what has ailed the Indian Commercial Arbitration.
Keywords – International Commercial Arbitration, UNCITRAL Model Law, Arbitration and Conciliation Act, SIAC
by IJLMH | Dec 6, 2020
Indian Civil Aviation is the world’s third-largest civil aviation market which was started way back in 1911. Air India is the key player and the national flag carrier of the country. Other airlines include Indigo, SpiceJet, GoAir, Vistara, and Air Asia India in order of their respective market share. Despite India being one of the biggest aviation markets in the world, many of its pockets remain untapped. Many tiers 1 and tier 2 cities of the nation are still not well connected via air.
Thus, the number of aircraft flying in the country is quite less in contrast with the enormous population of the country. To give a clear picture the total number of aircraft combined in India is lesser than the number of aircraft owned by one carrier in the United States.
For some people in India traveling via air is still a luxury. Low-cost carriers such as Indigo, GoAir, and AirAsia are trying hard to bring down the prices but due to the ever-increasing fuel prices and other operational expenses, they are still struggling to gain some ground. Jet fuel is heavily taxed in India which is one of the main reasons why flying is not so affordable here.
by IJLMH | Dec 6, 2020
Taxis play an important role as a mode of transportation for many people in different cities in India. One requires taxis/cabs for various reasons, be it for commuting from workplace to home or vice versa or taking family out when not wanting to drive when drunk and for many more reasons.
The important part is that this industry is still unorganized, and the demand is growing. It shows that there is a huge business opportunity from entrepreneur’s perspective and at the same not ups the expectation service from consumer’s perspective to which cab aggregators evolved as a sure shot solution. This research paper studies how OLA and Uber has impacted the automobile industry of India, the current scenario, what are the challenges faced by the industry, Initiatives taken by Ola & Uber, and The Motor Vehicles bill, 2019. It not only gives comparison between a personal car & cab but also tells about the issues from customer’s perspective.
