Inherent Powers of the High Court under Section 482 of the Code of Criminal Procedure 1973

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

Human Rights Violations in Police Custody

Human rights are the basic rights of every individual against the state or any other public authority as a member of the human family irrespective of any other consideration. Thus every individual of the society has the inherent right to be treated with dignity in all situations including arrest and keeping in custody by the police. Rights of an individual in police custody are protected basically by the Indian Constitution and by various other laws like Code of Criminal Procedure, Evidence Act, Indian Penal Code and Protection of Human Rights Act. The term `custody' is defined neither in procedural nor in substantive laws. The word custody means protective care. The expression `police custody' as used in sec. 27 of Evidence Act does not necessarily mean formal arrest. In India with special reference to Kerala and evolution and development of the concept of human rights and various kinds of human rights violations in police custody in different stages of history. Human rights activists and various voluntary organisations reveals that there are so many factors contributing towards the causes of violations of human rights by police. Sociological causes like ambivalent outlook of the society with respect to the use of third degree methods by the police, economic causes like meager salary and inadequate living conditions, rampant corruption in police service, unnecessary political interference in the crime investigation, work load of police personnel without any time limit and periodic holidays, unnecessary pressure from superior police officers and the general public for speedy detection causing great mental strain to the investigating officers, defective system of recruitment and training, imperfect system of investigation and lack of public co-operation are some of the factors identified in the field survey towards the causes of violations of human rights in police custody.

A Cryptosystem Using the Concepts of Algebraic Geometric Code

Cryptosystem using linear codes was developed in 1978 by Mc-Eliece. Later in 1985 Niederreiter and others developed a modified version of cryptosystem using concepts of linear codes. But these systems were not used frequently because of its larger key size. In this study we were designing a cryptosystem using the concepts of algebraic geometric codes with smaller key size. Error detection and correction can be done efficiently by simple decoding methods using the cryptosystem developed. Approach: Algebraic geometric codes are codes, generated using curves. The cryptosystem use basic concepts of elliptic curves cryptography and generator matrix. Decrypted information takes the form of a repetition code. Due to this complexity of decoding procedure is reduced. Error detection and correction can be carried out efficiently by solving a simple system of linear equations, there by imposing the concepts of security along with error detection and correction. Results: Implementation of the algorithm is done on MATLAB and comparative analysis is also done on various parameters of the system. Attacks are common to all cryptosystems. But by securely choosing curve, field and representation of elements in field, we can overcome the attacks and a stable system can be generated. Conclusion: The algorithm defined here protects the information from an intruder and also from the error in communication channel by efficient error correction methods.

Performance of Gabion Faced Reinforced Earth Retaining Walls

Gabion faced re.taining walls are essentially semi rigid structures that can generally accommodate large lateral and vertical movements without excessive structural distress. Because of this inherent feature, they offer technical and economical advantage over the conventional concrete gravity retaining walls. Although they can be constructed either as gravity type or reinforced soil type, this work mainly deals with gabion faced reinforced earth walls as they are more suitable to larger heights. The main focus of the present investigation was the development of a viable plane strain two dimensional non linear finite element analysis code which can predict the stress - strain behaviour of gabion faced retaining walls - both gravity type and reinforced soil type. The gabion facing, backfill soil, In - situ soil and foundation soil were modelled using 20 four noded isoparametric quadrilateral elements. The confinement provided by the gabion boxes was converted into an induced apparent cohesion as per the membrane correction theory proposed by Henkel and Gilbert (1952). The mesh reinforcement was modelled using 20 two noded linear truss elements. The interactions between the soil and the mesh reinforcement as well as the facing and backfill were modelled using 20 four noded zero thickness line interface elements (Desai et al., 1974) by incorporating the nonlinear hyperbolic formulation for the tangential shear stiffness. The well known hyperbolic formulation by Ouncan and Chang (1970) was used for modelling the non - linearity of the soil matrix. The failure of soil matrix, gabion facing and the interfaces were modelled using Mohr - Coulomb failure criterion. The construction stages were also modelled.Experimental investigations were conducted on small scale model walls (both in field as well as in laboratory) to suggest an alternative fill material for the gabion faced retaining walls. The same were also used to validate the finite element programme developed as a part of the study. The studies were conducted using different types of gabion fill materials. The variation was achieved by placing coarse aggregate and quarry dust in different proportions as layers one above the other or they were mixed together in the required proportions. The deformation of the wall face was measured and the behaviour of the walls with the variation of fill materials was analysed. It was seen that 25% of the fill material in gabions can be replaced by a soft material (any locally available material) without affecting the deformation behaviour to large extents. In circumstances where deformation can be allowed to some extents, even up to 50% replacement with soft material can be possible.The developed finite element code was validated using experimental test results and other published results. Encouraged by the close comparison between the theory and experiments, an extensive and systematic parametric study was conducted, in order to gain a closer understanding of the behaviour of the system. Geometric parameters as well as material parameters were varied to understand their effect on the behaviour of the walls. The final phase of the study consisted of developing a simplified method for the design of gabion faced retaining walls. The design was based on the limit state method considering both the stability and deformation criteria. The design parameters were selected for the system and converted to dimensionless parameters. Thus the procedure for fixing the dimensions of the wall was simplified by eliminating the conventional trial and error procedure. Handy design charts were developed which would prove as a hands - on - tool to the design engineers at site. Economic studies were also conducted to prove the cost effectiveness of the structures with respect to the conventional RCC gravity walls and cost prediction models and cost breakdown ratios were proposed. The studies as a whole are expected to contribute substantially to understand the actual behaviour of gabion faced retaining wall systems with particular reference to the lateral deformations.

A Study on the Water Retention Characteristics of Soils and their Improvements

Soil moisture plays a cardinal role in sustaining eclological balance and agricultural development – virtually the very existence of life on earth. Because of the growing shortage of water resources, we have to use the available water most efficiently by proper management. Better utilization of rainfall or irrigation management depends largely on the water retention characteristics of the soil.Soil water retention is essential to life and it provides an ongoing supply of water to plants between periods of irrigation so as to allow their continued growth and survival.It is essential to maintain readily available water in the soil if crops are to sustain satisfactory growth. The plant growth may be retarded if the soil moisture is either deficient or excessive. The optimum moisture content is that moisture which leads to optimum growth of plant. When watering is done, the amount of water supplied should be such that the water content is equal to the field capacity that is the water remained in the saturated soil after gravitational drainage. Water will gradually be utilized consumptively by plants after the water application, and the soil moisture will start falling. When the water content in the soil reaches the value known as permanent wilting point (when the plant starts wilting) fresh dose of irrigation may be done so that water content is again raised to the field capacity of soil.Soil differ themselves in some or all the properties depending on the difference in the geotechnical and environmental factors. Soils serve as a reservoir of the nutrients and water required for crops.Study of soil and its water holding capacity is essential for the efficient utilization of irrigation water. Hence the identification of the geotechnical parameters which influence the water retention capacity, chemical properties which influence the nutrients and the method to improve these properties have vital importance in irrigation / agricultural engineering. An attempt in this direction has been made in this study by conducting the required tests on different types of soil samples collected from various locations in Trivandrum district Kerala, with and without admixtures like coir pith, coir pith compost and vermi compost. Evaluation of the results are presented and a design procedure has been proposed for a better irrigation scheduling and management.

Professional Services: Civil Liability for Deficiency

This study deals the professional Services civil Liability for deficiency with special reference to medical professionals.the study deals with the characteristics of profession,basis of liability , historical evolution of legal controls on professional services, liability of doctors for negligence under tort law. Expectations to liability for medical negligence are critically evaluated. consent of medical treatment etc are studied