4 resultados para Application of Criminal Law principles by Brazilian judiciary

em Cochin University of Science


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This thesis is shows the result of the research work on the inherent Powers of the High Court in criminal jurisdiction. The criminal justice system in India recognizes inherent powers only of the High Court. The Theory and Philosophy of inherent powers are concerned the Distinction between civil and Criminal laws are of very little consequence. In formulating the research programme the confusion created by the concept of inherent powers and its application by High Court form the central point. How fully the concept is understood, how correctly the power is used, and how far it has enhanced the rationale of the administration of criminal justice, what is its importance and what are the solutions for the inherent power to earn a permanent status in the province of criminal jurisprudence are the themes of this study. The precipitation of new dimensions is the yardstick to acknowledge the inherent powers of the High Court and Supreme Court. It is of instant value in criminal justice system. This study concludes innovativeness provided by the inherent powers has helped the justice administration draw inspiration from the Constitution. A jurisprudence of inherent powers has developed with the weilding of inherent powers of the Supreme Court and the High Court. It is to unravel mystery of jurisprudence caused by the operation of the concept of inherent powers this research work gives emphasis. Its significance is all the more relevant when the power is exercised in the administration of criminal justice. Application or non application of inherent powers in a given case would tell upon the maturity and perfection of the standard of justice

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Theoretically speaking, property is extension of the personality of the individual. It serves the purpose of satisfying the self of the individual in the society. Various theories have been attempted to explain its origin and development. However, it is the socialist theory of property which finds acceptance in many societies today. A proper definition of the concept of property has notbeen given in the statutes governing protection of property or in the Indian Constitution. While deciding cases under the Indian Penal Code, the courts have however, been interpreting the term 'property' in a manner facilitating its accommodation within the contours of the socialist theory of property, though there was no attempt for any formal theorization. An examination of the decisions under the Penal Code provisions and Constituent Assembly Debates has reinforced the above view that our courts as well as legislature have adopted the socialist concept of property. Because of the importance of the theory of property in the general scheme of this study, it was thought appropriate toinclude a chapter on the theory of property as reflected in our constitution.

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In this study, a novel improved technology could be developed to convert the recalcitrant coir pith into environmental friendly organic manure. The standard method of composting involves the substitution of urea with nitrogen fixing bacteria viz. Azotobacter vinelandii and Azospirillum brasilense leading to the development of an improved method of coir pith. The combined action of the microorganisms could enhance the biodegradation of coir pith. In the present study, Pleurotus sajor caju, an edible mushroom which has the ability to degrade coir pith, and the addition of nitrogen fixing bacteria like Azotobacter vinelandii and Azospirillum brasilense could accelerate the action of the fungi on coir pith. The use of these microorganisms brings about definite changes in the NPK, Ammonia, Organic Carbon and Lignin contents in coir pith. This study will encourage the use of biodegraded coir pith as organic manure for agri/horti purpose to get better yields and can serve as a better technology to solve the problem of accumulated coir pith in coir based industries