by IJLMH | Dec 30, 2018
The Article focuses on the changes brought to the Specific Relief Act, 1963 by the Specific Relief (Amendment) Act, 2018. This article covers all the changes brought to the Specific Relief Act. The changes will help in increasing the ease of doing business. The discretionary power of the court to grant specific performance is ended and the mandatory enforcement of specific performance has come into picture. In addition to this, a new concept of substituted performance has been introduced as a remedy to the wronged party. In conclusion this article analyzes all the changes brought to the Specific Relief Act, 1963.
by IJLMH | Dec 30, 2018
Child Labour means the work which bereave the children of their childhood and dignity which encumber their access to education and procurement of skills which is effectuate under conditions which is pernicious to their health and their headway. It also speaks about the problem which is been faced by the children’s physically and mentally. The present paper discusses about child labor, Legislative developments, and categories of child labor, constitutional provisions and initiatives against child labor.
by IJLMH | Dec 30, 2018
The outset of the essay starts with history behind the National Register of Citizens, the migration that started from the colonial rule of British rule, which extended to Bangladesh. The source of influx of migrants that started with the Bangladeshi war with Pakistan. How the influx caused de-culturation of Assamese culture that created a situation of havoc in Assam. The essay also discusses the inequality done with the state of Assam in the Illegal Migrants (Determination by Tribunal) Act, 1983 and other such acts. How the failure of the governmental plans implementation caused a situation of external aggression and internal disturbances thus violating the fundamental rights of the local people. The crux includes a hypothetical question, if the union government did or did not failed to comply with its duty to protect any state from external aggression and internal disturbances. The essay also questions that the updating of the National Register of Citizens is a solution to the people of Assam or a violation of human rights. Another question that the essay raises is that whether the citizenship act 1955 (section 6A) violates Article 14 of The Indian Constitution or not? Further the essay discusses about the consequences of the final list of national register of citizen. The essay tries to dig the past and put fourth in a detailed manner, how the government became indifferent to a national agenda that could destroy the ethnicity of a state and how political parties can turn such events for their own personal benefits.
by IJLMH | Dec 30, 2018
Alternative Dispute Resolution means resolving the conflicts between the parties concerned outside the periphery of the courts. But the ADR is something which is not new to India. It has been prevalent in the country since beginning time. Legal history indicates that there were many ways through which people obtained justice which were easy, convincible and helped in reducing the burden of the king. This type of system was prevalent in resolving issues related to families and other domestic affairs and also minor issues relating to property. The oldest written source which provided the codes of law and the method to resolve the conflicts among the people. The Punch system in the ancient time, which can also be described as earlier form of ADR, helped in maintaining the stability by resolving the conflicts which can be resolved by negotiating with the involved parties.
Alternative Dispute Resolution came to be used explicitly with the overloading burden on the courts as each judge in the court has been assigned to resolve many cases in a day. Thus, filing a case in the court is a time consuming task and it takes a lot of time in resolving a dispute. Now, with the coming of new techniques in ADR such as mediation, arbitration and conciliation, most of the disputes are settled outside the courts. With the coming of internet as a platform of political, financial and social activities, the ADR has also taken a step ahead in form of Online Dispute Resolution as Section 89 of Civil Procedure Code clearly mentions the terms of it. This concept is certainly evolving in India as in the case of Salem Advocate Bar vs. Union of India (2003) gave rules for proper functioning of ADR.
The paper talks about the application of ADR in various fields and what are the challenges of the same in the country. Is it effective enough? How well the country has accepted it?
by IJLMH | Dec 30, 2018
This paper is dealing on the issue of Fluid marks under the Trademarks Act. It is talking about how the change in technology and emerging businesses in digital market have created a new kind of mark which is fluid marks and how big companies are using such marks to attract consumers and expand their business. Before the marks used to be static and it is granted protection by legislations across the world but with the advent of technology and internet today there are marks which are not static, they keeps on changing colours and have a moving object and in some cases it is not consistent it keeps on changing. These are known as fluid marks like Google doodle which doesn’t have any protection. This paper will deal with issues concerning fluid marks and marks which are operated online with respect to trademark. The paper will focus on Indian laws as well as international laws and examine laws of various countries with respect to this issue. Thereafter the paper will examine as to why these issues need attention and why there is a need for protection of such marks. This paper will try to analyse the issue by looking at various examples and cases which deals with fluid marks. Finally this paper will try to analyse and suggest some measures to tackle such issues. The issue which is addressed in this paper is that whether fluid marks require any protection under Trademarks act?
