6 resultados para Comparative and Foreign Law
em Cochin University of Science
Resumo:
Forest is essential for the healthy subsistence of human being on earth. Law has been framed to regulate exploitation of forest.This study is an analysis of the law relating to forest from an environmental perspective.Practical suggestions are also made for the better protection of forest .Forest is a valuable component of human environment.For healthy subsistence of human beings on earth it is essential that at least one third of the land area on earth should be under forest cover. Forest helps in keeping air and water fresh and climate good.The Indian Forest Act 1927 and State legislation relating to forest impose Governmental control over forests by classifying them into reserved forests. Protected forests and village forests.Effective environmental impact studies facilitate adoption of the practice of sustainable development.Permission should not be granted for a project before examination of its impact on the flora and fauna in forest.Kerala, much of the vested forest remains under the control of the State Government and are managed like reserved forests.Infrastructural facilities require improvement in almost all States for protecting forest.Inter-State problems can be minimised if a central forest legislation is applied uniformly throughout India.Voluntary organisations should be encouraged to taxe part actively in the programmes for conserving forest and wildlife.The new Forest Act should provide for effective environmental impact study before development projects are undertaken in forest areas. The guidelines for this should be clearly laid down in the Act.The law relating to forest should also clearly lay down the guidelines for implementing social forestry programmes. The Forest Department should be authorised to lease lands for planting useful trees. The new forest legislation should also recognise the traditional tribal rights in forest. The Indian Forest Act 1927 and the State legislation relating to forest with their outdated revenue policy and scheme should be replaced by such a new forest legislation framed with an environmental peres-pective. The new law should be uniformly applied throughout India .
Resumo:
This thesis entitled Exceptions and limitations to intellectual property rights with special reference to patent and copyright law.The study on the limitations and exceptions to copyright and patent was mainly characterized by its diversity and flexibility. The unique feature of limited monopoly appended to intellectual property was always a matter of wide controversy.The historical analysis substantiated this instrumentalist philosophy of intellectual property.the study from a legal space characterized by diversity and flexibility and end up in that legal space being characterized by homogeneity and standardization. The issue of flexibility and restrictiveness in the context of TRIPS is the next challenging task. Before devising flexibility to TST, the question to be answered is whether such a mechanism is desirable in the context of TRIPS.In conclusion it is submitted to reorient the intellectual property framework in the context of the noble public interest objectives.
Resumo:
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.
Resumo:
The Union Territory of Pondicherry prior to its merger with the Indian Union was a French Colony. The erstwhile territory of Pondicherry along with its hamlets, namely, KARAIKKAL, MAHE and YANAM was administered by the French Regime. Before it was established by French in 1 6 74 A.D. it was part of Vijayanagara Empire. Prior to this, Pondicherry was a part of the Kingdom of Chola and Pallava Kings. During French Regime, the laws which were in force in France in relation to administration of civil and criminal justice were extended to the erstwhile Territory of Pondicherry. Thus while Pondicherry stood influenced by the Inquisitorial system since the beginning of the 18th century, the neighboring states forming part of the Indian Union since Independence came under the Influence of the British system, viz. accusatorial system. The territory of Pondicherry, for administrative reasons, came to be merged with the Indian Union in the early 60's. Following the merger, the Indian administration sought to extent its own laws from time to time replacing erstwhile French Laws, however, subject to certain savings. Thus the transitional period witnessed consequential changes in the administration of the territory, including the sphere of judicial system. Since I 963, the Union Territory of Pondicherry was brought under the spell of the Indian Legal System The people in Pondicherry ' thus have had the benefit of experiencing both the svstems. Their experiences will be of much help to those who undertake comparative studies in law. The plus and minus points of the respective systems help one to develop a detachment that helps independent evaluation of the svstents. The result of these studies could be relevant in revitalising our criminal systems.The present system is evaluated in the light of the past system. New dimensions are added by way' of an empirical study also.
Resumo:
The present study is entitled The Aesthetics of Paul Verlaine and Changampuzha Krishnapillai - a comparative perspective. The purpose of the study is to compare the poetic genius of the French poet Paul Verlaine (1844-1896) and that of the Malayalam poet Changampuzha Krishnapillai (1911-1948), within a descriptive framework. The investigation will hopefully answer the questions- Has Changampuzha been indeed influenced by Verlaine, if so, to what extent? Can the aesthetic appreciation be justified in both poets as illustrated in their works? The comparative methodology of juxtaposing the selected oeuvres of the poets is largely adopted in the study. Since the span of analysis is across national and linguistic borders, the distinguishing as well as exclusive traits of the individual poets will be of much importance in formulating the comparative assumption in this work. The vastly differing geographical, linguistic and cultural milieus of these two poets,-one a national French poet and the other, a regional Indian poet writing in Malayalam prima facie,endow the theme of the dissertation with an innate hue of diversity. Such an ambitious task would naturally entail a renewed research into the dedication of the poets to their muses and their ultimate contributions to poetics. The analysis, while attempting to illuminate from a fresh angle, the amply researched oeuvre of Verlaine and the lesser studied one of Changampuzha, cannot but be aware of the limitations of the task at hand. The present study is the first of its kind on the specific theme of analysis, and is hoped that it would be of relevance since no work has so far been known to have been undertaken on the topic. At a time when the birth centenary celebrations of Changampuzha have just concluded, this study is hoped to assume significance as it would help in isolating the originality of the poet's works, extricating the garb of the French influence. Ultimately, this study aims at creating a wider appreciation of the impact that the French writers have had on Malayalam writers, thus shedding new light on the benign foreign influences that served to enhance the beauty of our cultural heritage