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CASE ANALYSIS: BACHAN SINGH V. STATE OF PUNJAB AIR 1980 SC 898 案例分析:bachan singh诉旁遮普邦航空公司案(1980 sc898)
Pub Date : 2021-11-15 DOI: 10.59126/v1i3a20
Aarush Bharadwaj
One of the most hotly debated topics of criminal law is the death penalty/capital punishment. While the death penalty has been abolished in the majority of countries throughout the world, it remains legal in India. The Indian legislature and judiciary continue to believe that death punishment is justified in some instances. Murder, rape, terrorism, offences under defence laws, and narcotics offences under certain conditions can all result in the death penalty in India. The case in question has become a hot topic in terms of the death penalty. Many legislative initiatives were undertaken after the Constitution to address the practicality and legality of death punishment. In 1973, the Criminal Procedure Code was amended, requiring "special reasons" for the imposition of a death sentence, based on the recommendations of the 35th Law Commission Report. "However, taking into account the conditions in India, the diversity of social upbringing of its inhabitants, the disparity in the level of morality and education in the country, the vastness of its area, the diversity of its population, and the paramount need for maintaining law and order in the country at this juncture," the Law Commission of India stated in its 35th report.
死刑/极刑是刑法中争论最激烈的话题之一。虽然世界上大多数国家已经废除了死刑,但在印度仍然是合法的。印度立法机关和司法机关仍然认为,在某些情况下死刑是合理的。在印度,谋杀、强奸、恐怖主义、违反国防法的罪行以及在某些情况下触犯麻醉品罪都可能导致死刑。该案件已成为死刑方面的热门话题。《宪法》颁布后,为解决死刑的实用性和合法性问题采取了许多立法举措。1973年,根据第35次法律委员会报告的建议,修订了《刑事诉讼法》,规定判处死刑必须有"特殊理由"。印度法律委员会在其第35份报告中表示:“然而,考虑到印度的条件、居民社会教育的多样性、该国道德和教育水平的差异、其面积的广阔、人口的多样性,以及在这个关键时刻维持国家法律和秩序的最重要需求。”
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引用次数: 0
ROAD MAP OF EVOLUTION AND DEVELOPMENT OF COMPETITION LAW: INDIA 竞争法的演变和发展路线图:印度
Pub Date : 2021-11-15 DOI: 10.59126/v1i3a13
J. Singh
The Competition law & policy forms an inherent part of developing world to not only protect their domestic markets but also compete fairly and effectively in the international market. These policies have been very instrumental in fostering sustainable development as well as restricting anti-competitive behaviour which inhibits economic growth. The implementation of competition law must be in coherence with the level of overall development in the country since there is no one legal framework which would suit all the jurisdictions. The competition policy of India creates an active and viable environment for the industries to compete domestically as well as internationally with an aim to promote economic development using advanced technologies and an adequate capital. Hence the government must play an active role in promoting economic liberalization by focusing on various policies such as foreign direct investment, licensing of technology, intellectual property rights and eliminating trade barriers rather than just following the conventional principles of the competition law. The competition policy’s main concern is that the corporations with market powers are not able to harm the interests of consumer by anti-competitive practices. Although the competition law and competition policy goes hand in hand yet they can be distinguished. This article has the intention to portrait the evolution of the competition law in India. Why do we need such kind of law in India, what were the major reasons to bring MRTP and the road forward to Competition act?
竞争法律和政策是发展中国家的固有组成部分,不仅保护其国内市场,而且在国际市场上公平有效地竞争。这些政策在促进可持续发展和限制抑制经济增长的反竞争行为方面发挥了非常重要的作用。竞争法的执行必须与该国的整体发展水平相一致,因为没有一种法律框架可以适用于所有司法管辖区。印度的竞争政策为工业在国内和国际上竞争创造了一个积极和可行的环境,目的是利用先进技术和充足的资本促进经济发展。因此,政府必须在促进经济自由化方面发挥积极作用,重点关注各种政策,如外国直接投资,技术许可,知识产权和消除贸易壁垒,而不仅仅是遵循传统的竞争法原则。竞争政策主要关注的是具有市场力量的企业不能通过反竞争行为损害消费者的利益。竞争法和竞争政策是相辅相成的,但又可以区分开来。本文旨在描述印度竞争法的演变。为什么印度需要这样的法律,引入MRTP和竞争法案的主要原因是什么?
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引用次数: 0
AN OVERVIEW OF INDIAN COURTS HELPING HAND:ALTERNATIVE DISPUTE RESOLUTION 概述印度法院的援助之手:替代性争议解决
Pub Date : 2021-11-15 DOI: 10.59126/v1i3a19
Tusharika Singh Gaharvar
Conflict is a critical part of life. We cannot say whether it’s always appropriate or not . However, what's considerable is how capable we are of taking it under control . Negotiation strategies are frequently used for resolving warfare and are taken into consideration as a fundamental method for resolving the dispute for years. The ADR(Alternative Dispute Resolution) mechanism relates to an exchange of ways to settle disputes or conflicts which an individual or company entity would possibly encounter. It is extra powerful whilst the everyday negotiation manner is not able to provide remedy for the dispute. Alternative Dispute Resolution (ADR) is an opportunity for the Recognized Legal System. It is an alternative to litigation. As the courts in India are overburdened with the instances of litigation pending in courts. There changes into a want for ADR because of the dissatisfaction of people in litigation which follows the conventional rule of settling of disputes which takes a long time to settle. Under ADR all varieties of disputes like - civil, commercial, commercial and family, etc., are resolved, in some instances wherein humans aren't capable of beginning any form of negotiation and are not able to reach any settlement. Generally, ADR makes use of an impartial person whichenables the parties to communicate, speak the variations, and remedy the dispute. It is a technique that allows people and organizations to hold co-operation, social order and gives a possibility to lessen hostility.
冲突是生活中很重要的一部分。我们不能说它是否总是合适的。然而,重要的是我们控制它的能力。谈判策略经常用于解决战争,多年来一直被认为是解决争端的基本方法。替代性争议解决机制(ADR)涉及个人或公司实体可能遇到的争议或冲突的解决方式交换。当日常的谈判方式无法为争议提供救济时,它具有额外的力量。替代性争议解决(ADR)是公认法律制度的一个机遇。这是诉讼之外的另一种选择。由于印度的法院因法院未决的诉讼案件而负担过重。由于人们在诉讼中对传统的纠纷解决规则感到不满,因而产生了对ADR的需求。在ADR下,各种各样的纠纷,如民事、商业、商业和家庭等,都得到了解决,在某些情况下,人类无法开始任何形式的谈判,也无法达成任何解决方案。一般来说,ADR是利用一个公正的人,让当事人沟通、表达分歧,并对争议进行补救。它是一种技术,允许人们和组织保持合作,社会秩序,并提供了减少敌意的可能性。
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引用次数: 0
MOB LYNCHING DUE TO MISTAKEN IDENTITIES 暴徒因认错人而处以私刑
Pub Date : 2021-11-15 DOI: 10.59126/v1i3a9
Juhi Handique
Mob lynching has been prevalent in recent years in many parts of states throughout India where false rumors are spread using social media instigating a mob into killing or severely injuring an individual. They believe that the victim has done something wrong and anger drives them blind to think irrationally and therefore they take upon their own hands to bring justice. It is the act of targeted violence by a mob acting as vigilantes to punish an alleged accused by beating the individual fiercely to the extent of killing or inflicting serious bodily injuries. Often these attacks are against innocent people as the source is mostly based on assumptions of some rumor, misinformation, or suspicion. It is essential to bring this to the utmost attention as a guiltless person doesn’t deserve to be beaten so violently for a crime the person didn’t commit. It is indignified and injustice towards the victim. Even the presence of police cannot do anything in these types of situations against a horde of people. The paper will solely focus on mob lynchings due to mistaken identities of claiming them as child abductors, thieves, etc taking current cases committed in India and also in the USA against black people, and a critical analysis of the provisions to hold these people responsible for committing such vigilant acts. A mob of people excites individuals and thus they go along with the crowd into thinking that whatever they are doing is just and fair. This makes them fearless of not being caught as they believe in escaping with the help of the group because during the commission of crime it becomes difficult to catch hold of every offender by the police. The current laws lack in holding these criminals liable so amendment of present laws or new laws is required for acting as a deterrent effect.
近年来,暴民私刑在印度各州的许多地方都很普遍,这些地方利用社交媒体传播虚假谣言,煽动暴民杀害或严重伤害个人。他们认为受害者做错了什么,愤怒驱使他们盲目地非理性思考,因此他们采取自己的双手伸张正义。这是一群暴徒以义务警员的身份对被指控的被告进行有针对性的暴力行为,他们将被告猛烈殴打至杀害或造成严重身体伤害的程度。通常这些攻击是针对无辜的人,因为来源主要是基于一些谣言,错误信息或怀疑的假设。这一点必须引起最大的关注,因为一个无罪的人不应该因为他没有犯下的罪行而受到如此猛烈的殴打。这是对受害者的侮辱和不公正。在这种情况下,面对一大群人,即使警察在场也无能为力。这篇文章将只关注暴徒私刑,因为他们的身份被误认为是绑架儿童、小偷等,并以印度和美国目前针对黑人的案件为例,对让这些人对犯下这种警惕行为负责的条款进行批判性分析。一群人使个人兴奋,因此他们随大流,认为他们所做的一切都是公正和公平的。这使他们不怕不被抓住,因为他们相信在团伙的帮助下逃跑,因为在犯罪过程中,警察很难抓住每一个罪犯。现行法律缺乏追究这些罪犯责任的规定,因此需要修改现行法律或制定新的法律来起到威慑作用。
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引用次数: 0
GENDER CRIME IN INDIA: AN ANALYSIS UNDER INDIAN CRIMINAL LAWS 印度的性别犯罪:基于印度刑法的分析
Pub Date : 2021-11-15 DOI: 10.59126/v1i3a7
Rounit Deep
Gender crime has become a major worry in India. The rates of gender rime are steadily rising. Rape, dowry threats, and gender violence are examples of gender crimes. In this study, we will discuss about gender crime, how it impacts different genders, the violence against women, their past struggles, and how they are still fighting for justice in the contemporary society. This paper will also discuss about the women's gender crime rate and the legal provisions enshrined in Indian statutes to protect them against such crimes. Earlier there was a period when gender crime solely affected women, but in the twenty-first century, gender crime affects both men and women. It has now become the country's most serious issue. Every day, a case of gender crime is filed in India, whether it is committed by men or women. The pace of increase, according to analysis, is increasing every year. Thus this paper addresses the burning issue of gender crime in the country, the need for gender neutral laws in India, its analysis based on available statistics and measures to curb these crimes.
性别犯罪已经成为印度的一大隐忧。性别犯罪率正在稳步上升。强奸、嫁妆威胁和性别暴力都是性别犯罪的例子。在本研究中,我们将讨论性别犯罪,它如何影响不同性别,对妇女的暴力,她们过去的斗争,以及她们如何在当代社会中仍在为正义而战。本文还将讨论妇女的性别犯罪率和印度法规中保护她们免受此类犯罪的法律规定。早些时候,性别犯罪只影响女性,但在21世纪,性别犯罪影响男性和女性。现在它已经成为这个国家最严重的问题。在印度,每天都会发生一起性别犯罪案件,无论罪犯是男性还是女性。据分析,增长的速度每年都在加快。因此,本文解决了该国性别犯罪的紧迫问题,印度性别中立法律的必要性,基于现有统计数据和遏制这些犯罪的措施的分析。
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引用次数: 0
THE LAWS OF MEDIA BROADCASTING 媒体传播的规律
Pub Date : 2021-07-15 DOI: 10.59126/v1i2a6
Manini Kaur
The broadcast industry has its own share of various controversies between different parties – broadcast providers, the government, public interest organisations, community radio and television stations, and an ever-increasingly varied audience that has been narrowly defined as the ‘public' – as a result of rapidly evolving technology and growing business investments. The legal enforcement of both current and new technology is an essential part of this fight. This paper aims to analyse the existing legal system that relates to different broadcast technologies being used in India.
由于快速发展的技术和不断增长的商业投资,广播行业在不同方面——广播提供商、政府、公共利益组织、社区广播电台和电视台,以及日益多样化的受众(被狭义地定义为“公众”)之间的各种争议中占有自己的份额。对现有技术和新技术的执法是这场斗争的重要组成部分。本文旨在分析与印度正在使用的不同广播技术有关的现有法律制度。
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引用次数: 0
CONVERGENCE OF BLOCK CHAIN AND ARTIFICIAL INTELLIGENCE 区块链与人工智能的融合
Pub Date : 2021-07-15 DOI: 10.59126/v1i2a9
Senthil V.P
Artificial Intelligence (AI) and blockchain have recently been two of the most popular topics. Artificial intelligence (AI) and blockchain are two of the most trending innovations that would radically alter how we live, function, and communicate. The author attempts to understand the fundamentals of block chain and artificial intelligence, as well as why these technologies are so common, and what technical revolutions these two technologies will bring together. Like for every coin, there are two sides and this technology has certain drawbacks, flaws, and security concerns, which the author has discussed briefly.
人工智能(AI)和区块链是最近最热门的两个话题。人工智能(AI)和区块链是两种最流行的创新,它们将从根本上改变我们的生活、功能和沟通方式。作者试图了解区块链和人工智能的基本原理,以及为什么这些技术如此普遍,以及这两种技术将带来什么样的技术革命。就像任何硬币都有两面性一样,这项技术有一定的缺点、缺陷和安全问题,作者已经简要地讨论了这些问题。
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引用次数: 0
Whether a Matter can be referred for Arbitration in the Absence of Arbitration Clause or Agreement? 在没有仲裁条款或协议的情况下,是否可以将事项提交仲裁?
Pub Date : 2021-07-15 DOI: 10.59126/v1i2a13
Tariq Khan, Ruhi Thakkar
Arbitration has a similar structure to that of litigation but the fundamental difference between arbitration and litigation lies in the fact that the former owes its existence to an arbitration clause or an arbitration agreement. An arbitration agreement is the written agreement between the parties, to submit their existing, or future disputes or differences, to arbitration, Mahanagar Telephone Nigam Ltd vs. Canara Bank.
仲裁与诉讼的结构类似,但仲裁与诉讼的根本区别在于前者的存在有赖于仲裁条款或仲裁协议。仲裁协议是当事人之间的书面协议,将他们现有的或未来的争议或分歧提交仲裁,Mahanagar Telephone Nigam Ltd与Canara Bank。
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引用次数: 0
REMIX CULTURE AND ASSOCIATEDCOPYRIGHT LAW IN INDIA 印度的混音文化和相关版权法
Pub Date : 2021-07-15 DOI: 10.59126/v1i2a3
Ishika Sarraf
The human brain, or intellect, is regarded as one of mankind's most gifted contributions, as are the works and ideas that arise from or are the product of his mind's development. One such development is, Composition of music, which is an example of a person's growth or formation that necessitates a great deal of dedication and hard work. However, in this age of technology, where people prefer smart work to hard work, there has been a rise in the number of remix songs, which are a transformation of old classic songs that were a major hit in their respective eras. When the popularity of remix songs grew, so did conflicts over the copyrights of musical works and songs between original authors and remix makers. Thus, this paper discusses a number of problems that have arisen in recent years concerning copyright on musical works and songs, as well as it focuses on the legal status of creating remix songs, the rights and obligations of the copyright owner and the maker of remix songs, and associated copyright laws that govern the remix songs in Indian music industry.
人类的大脑,或智力,被认为是人类最具天赋的贡献之一,就像他的思想发展所产生的作品和思想一样。一个这样的发展是,作曲,这是一个人的成长或形成的一个例子,需要大量的奉献和努力工作。然而,在这个科技时代,人们更喜欢聪明的工作而不是努力工作,因此混音歌曲的数量有所增加,这些歌曲是对各自时代的热门经典歌曲的改造。随着混音歌曲的流行,原创作者和混音制作者之间关于音乐作品和歌曲版权的冲突也越来越多。因此,本文讨论了近年来出现的一些关于音乐作品和歌曲版权的问题,并重点讨论了remix歌曲创作的法律地位,版权所有者和remix歌曲制作者的权利和义务,以及在印度音乐产业中管理remix歌曲的相关版权法。
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引用次数: 0
BASICS OF IP AND MEDIA LAW 知识产权和媒体法基础知识
Pub Date : 2021-07-15 DOI: 10.59126/v1i2a4
Kajol Kamat
Intellectual Property Right (IPR) is a criminal proper that protects the creation of a person or organization evolved by the mind or thoughts. Globalization and open marketplace policies have helped IPR to grow and affect the monetary activities in remaining three decades. The present paper essential draws a nexus between IPR and Media Law, where, Copyright is one of the vital rights and protects the rights of creators of creative works, literary works, sound, movies, and related creations. Copyright Law is an advanced domain that includes improvements, inventive creations and intellectual productions in print, audio-visual, sign & symbols or within the virtual forms. Moreover, media platforms along with social media use photos, sounds, scripts, and lots of techniques of communication, other business and personal functions. The paper aims to highlight the basics of IPR and how it safeguards the interests of the IP holders. Further, it sheds light upon the nexus and role of IPR in the Indian Media Industry. Lastly, the paper will provide a fair and constructive analysis by means of discussing various branches of IP, the related legal provisions and various judicial pronouncements by the Supreme Court and the High Courts of India.
知识产权(IPR)是一种保护个人或组织由思想或思想演变而来的创造的刑事权利。全球化和开放市场政策促进了知识产权的增长,并在接下来的三十年中影响了货币活动。本文将知识产权与媒体法联系起来,著作权是一项重要的权利,保护创作作品、文学作品、声音、电影及其相关创作的创作者的权利。著作权法是一个高级领域,包括改进、发明创造和以印刷、视听、标志和符号或虚拟形式产生的智力产品。此外,媒体平台以及社交媒体使用照片、声音、脚本和许多通信技术,以及其他商业和个人功能。本文旨在强调知识产权的基本概念以及知识产权如何保护知识产权持有人的利益。此外,它还揭示了知识产权在印度媒体行业中的关系和作用。最后,本文将通过讨论知识产权的各个分支、相关法律规定和印度最高法院和高等法院的各种司法声明,提供公正和建设性的分析。
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引用次数: 0
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