11 resultados para Equal treatment under the Law

em Cochin University of Science


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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 The Indian Forest Act 1927 and the State legislation relating to forest with their outdated revenue policy and scheme should be replaced by such a new forest legislation framed with an environmental peres-pective.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 .

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Some study has been made earlier, but no attempt has ever been made to make the study comprehensive and comparative. There exists also no information as to the working of the system. Hence the work is undertaken to provide first hand knowledge of the legal institutions that had handled and now handles annually large masses of deprived and neglected population. An investigation is also necessary to know the legal and social characteristics of the jurisdiction enjoined on the court so that this will help compare the law in the statute with the law and practice. The evaluation of the working system in the changed social atmosphere is also an urgent need of the hour

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The nature and extent of protection secured to personal liberty has been a subject matter of great controversy and debate. The expression "procedure established by law" as a standard of protection for personal liberty has been looked upon as highly unsatisfactory and inadequate. For, unlike the specific attributes of liberty that are separately guaranteed under Art.19, ‘personal liberty‘ as guaranteed by Art.21 does not obligate the .Legislature to comply with the requirements of justice and reasonableness as and when it enchroaches upon that right. Though the concept of ‘personal liberty‘ has received an evolutive and expansive meaning through judicial process, the standard of protection which the judicial process could secure to personal liberty through the interpretation of Art.21 has been far from satisfactory Even after four decades of judicial process in the interpretation of Art.21 the problem of evolving a just and adequate standard of protection for personal liberty in that Article continues to be 21 crucial constitutional issue, craving for a. satisfactory solution. And the present study is a humble attempt to unravel this problem and to Search for a reasonable solution.

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A single-feed rectangular-ring microstrip antenna is proposed for indoor communication under the Bluetooth protocol. The dimensions of the antenna together with the location of the feed point are optimized through field simulations in order to cover the Bluetooth bandwidth and to avoid linear polarization. The performance and the efficiency of the antenna are illustrated in a real indoor environment

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We present a novel approach to computing the orientation moments and rheological properties of a dilute suspension of spheroids in a simple shear flow at arbitrary Peclct number based on a generalised Langevin equation method. This method differs from the diffusion equation method which is commonly used to model similar systems in that the actual equations of motion for the orientations of the individual particles are used in the computations, instead of a solution of the diffusion equation of the system. It also differs from the method of 'Brownian dynamics simulations' in that the equations used for the simulations are deterministic differential equations even in the presence of noise, and not stochastic differential equations as in Brownian dynamics simulations. One advantage of the present approach over the Fokker-Planck equation formalism is that it employs a common strategy that can be applied across a wide range of shear and diffusion parameters. Also, since deterministic differential equations are easier to simulate than stochastic differential equations, the Langevin equation method presented in this work is more efficient and less computationally intensive than Brownian dynamics simulations.We derive the Langevin equations governing the orientations of the particles in the suspension and evolve a procedure for obtaining the equation of motion for any orientation moment. A computational technique is described for simulating the orientation moments dynamically from a set of time-averaged Langevin equations, which can be used to obtain the moments when the governing equations are harder to solve analytically. The results obtained using this method are in good agreement with those available in the literature.The above computational method is also used to investigate the effect of rotational Brownian motion on the rheology of the suspension under the action of an external force field. The force field is assumed to be either constant or periodic. In the case of con- I stant external fields earlier results in the literature are reproduced, while for the case of periodic forcing certain parametric regimes corresponding to weak Brownian diffusion are identified where the rheological parameters evolve chaotically and settle onto a low dimensional attractor. The response of the system to variations in the magnitude and orientation of the force field and strength of diffusion is also analyzed through numerical experiments. It is also demonstrated that the aperiodic behaviour exhibited by the system could not have been picked up by the diffusion equation approach as presently used in the literature.The main contributions of this work include the preparation of the basic framework for applying the Langevin method to standard flow problems, quantification of rotary Brownian effects by using the new method, the paired-moment scheme for computing the moments and its use in solving an otherwise intractable problem especially in the limit of small Brownian motion where the problem becomes singular, and a demonstration of how systems governed by a Fokker-Planck equation can be explored for possible chaotic behaviour.

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We investigate the effect of the phase difference of appliedfields on the dynamics of mutually coupledJosephsonjunctions. A phase difference between the appliedfields desynchronizes the system. It is found that though the amplitudes of the output voltage values are uncorrelated, a phase correlation is found to exist for small values of applied phase difference. The dynamics of the system is found to change from chaotic to periodic for certain values of phase difference. We report that by keeping the value of phase difference as π, the system continues to be in periodic motion for a wide range of values of system parameters. This result may find applications in devices like voltage standards, detectors, SQUIDS, etc., where chaos is least desired.

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The overall focus of the thesis involves the performer's rights in india -A study with special reference to the audiovisual industry.The performer is the disseminator of works of literary, dramatic artistic and musical authorship .The challenge of studying the audiovisual industry is the low level of data documentation and transparency in transactions compounded by the low awareness of legal issues. The first five chapters of the study trace the evolution of performers’ rights with particular impetus on three diverse jurisdictions both at the judicial and statutory levels as well as from the collective bargaining platform.The study also seeks to pin point the major obstacles that the performers have had to encounter in their quest for equal rights under the umbrella of intellectual property the world over.the status of the performer through the international instruments - the Rome convention, the WPPT and the envisaged Protocol to the audiovisual performance.A grant of rights to the performer either under Copyright or labor law need not improve matters for the performer unless the institutional grievance redressal is firmly put in place.There is a need for clearer delineation between the definitions of audio and audiovisual fixations. Under the Indian law the terms representing these have been sound records and cinematographs respectivel.Performer and the Philosophy of Intellectual Propertyeffectively. But this is not to deny the fact that these institutions, organizations and practices could very well rise to the occasion when the rights regime comes into force.

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The present work deals with the Gender discrimination in the law of divorce and succession among christians.Inquiries Into the personal laws bereft of the historical develcpment of the concerned communities will be extremely inadequate as they may not help the researcher to Identify the laws' real source.In this view, the origin and development of Christian law In india has not so far been adequately gone into. Keeping In view the Importance of such a study calling for an exploration of the origin and development of the Christian community and its branching out In india as a prelude to the inqury into the Christian laws, the history of the conmunity in india was examined and the present study IndIcates that christianity In india has a diverse origin in dIfferent parts of India.And this diversity has resulted in the development of different systems of personal law for different sects among them. At present Christians in India constitute a minority but their numerical strength is not negligible. Yet they have not been able to act as an Influential group either socially or politically.The social changes and developments that swept away the community of its feet have overturned the position and the liberals in the community inspired by the changes elsewhere could bring in some statute law to govern the arena traditionally held by the customs.The history of reception of canon law concepts In different parts of India throws some light on the differences In the personal laws applicable to Christians In India.

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The Power Of Taxation Under The lndian Constitution, the subject of the present thesis has a wide ambit covering the entire federal field end deep constitutional significance traversing many of the principles like pith and substance, colourability, severebility etc. However, considerations of time, space and areas already investigated have indicated that the present study may be confined to the fundamental constitutional limitations end the federal problem. Thus the effect of fundamental rights, the commerce clause, immunity of instrumentalitis and the principle limiting the power of legislative delegation on the power of taxation has been studied. The distribution of taxes between the Union and units of the Indian federation leans so much over to the former and that part of this study has been directed to discover what devices can help the units to gain economic viability

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Domestic violence is a gender based violation of human rights having multi- dimensional repercussions in the well- being of individuals in family and society. The Indian legislation to protect the women from domestic violence is significant in providing a mechanism for enforcing positive civil rights of protection and injunction orders to the victims of domestic violence along with the existing remedies of criminal sanctions. However the Act was brought in the backdrop of an established tradition of cohesive and stable family setting. This, in turn, results in the emergence of new issues and challenges which necessitates deeper understandings of indigenous sociocultural institutions in India i.e., marriage and family. This study is an attempt to analyse the Indian law on domestic violence and to assess whether the law addresses and answers the problems of domestic violence effectively in the culture specific setting of India