Investigation of Offences against National Security

The study is a close scrutiny of the process of investigation of offences in India along with an analysis of powers and functions of the investigating agency. The offences, which are prejudicial to sovereignty, integrity and security of the nation or to its friendly relations with foreign states, are generally called the offences against national security. Offences against national security being prejudicial to the very existence of the nation and its legal system, is a heinous and terrible one. As early as 1971 the Law Commission of India had pointed out the need of treating the offences relating to national security and their perpetrators on a totally different procedural footing. The recommendation that, all the offences coming under the said category ought to be brought under the purview of a single enactment so as to confront such offences effectively. The discrepancies in and inadequacies of the criminal justice system in India as much as they are related to the investigations of the offences against national security are examined and the reforms are also suggested. The quality of criminal justice is closely linked with the caliber of the prosecution system and many of the acquittals in courts can be ascribed not only to poor investigations but also to poor quality of prosecution.

Protection of Farmers’ Rights in India-Challenges for Law in the Context of Plant Breeders’ Rights

School of Legal Studies, Cochin University of Science and Technology

Forest and the Law

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 .

Exceptions and Limitations to Intellectual Property Rights with Special Reference to Patent and Copyright Law

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.

Gender discrimination in the law of divorce and succession among christians

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.

Economic Impact of Land Reforms in Kerala

The main aim of the present thesis is to dig deep into the once existed tenurial conditions and legislations that were passed to remedy the evils connected with the tenurial Conditions and to highlight ace of the economic impacts of the land reform legislation introduced since 1956.The thesis states that although the misery and exploitation which afflict the rural people and injustice inherent in the social structure can be removed by the strict implementation of land reforms. it is not the single and definite way or liberating the peasantry from its fate. Reform in not an Utopia: it is only the product of a constellation of political and social forces. ‘This study covers a period of twenty four years - ie...1956-1980.

Export, Import and Inter—State Sales - A Study in Tax Law

This thesis is a study in sales tax law, a study on the triple concept of export, import and inters—State sales. It is in seventeen chapters spread in five parts. The introductory is an overview. It presents the thematic thrust of what follows. Part two deals with incidence of sales tax on export and import and the scope of exemption. Part three focuses attention on the various dimensions of the problem of inter—State sale. Part four is an inquiry into parliamentary control on taxes over sales and purchases and highlights inter—State and intra-State implications of discriminatory tax. Part five contains the results of empirical study and the general conclusions of the thesis. In the past no attempt has been made to analyse on identical lines the problems dealt with in this thesis

Protection of property and criminal law - A study with special reference to intellectual property

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.

Impact of land reforms on scheduled castes in kerala - a case study

Perhaps the most characteristic feature of our timesis that economic development has become the goal and ambition of people. The needs which this desire creates are immense they are of course urgent everywhere and they cannot be postponded. Consequently there was a frantic search for formulae of rapid economic development. It was claimed that agrarian reform is the indispensable condition for the development of productive forces and industrialization of the state.A key element in the land reform policy is the provision for ownership of land .Measures taken include redistribution of large estates ,assistance to tenants or labourers to acquire holdings and settlement schemes to establish new farming units on reclaimed or developed lands.In this thesis an attempt is made to evaluate the impact of these reforms on the agrarian structure in general and the scheduled caste in particular.

“Law on Transboundary Movement of Hazardous Substances through Sea

This study pertain to legal control of pollution from transboundary movement of hazardous substances through sea. It is an emerging area in international maritime law. There is growing environmental awareness that oceans are no longer an inexhaustible resource. This has resulted in a complex system of integrated ocean policies and international legal frame work in this regard. Considering the peculiar nature of hazardous substances, the development of law in this regard has been haphazard. The legal framework in this area is not comprehensive and lacks coherence. India is geo-strategically located in the central part of Indian Ocean through which many international sea routes lie. India is also fast emerging as a maritime hub. Indian legal framework in this respect also suffers from serious pitfalls. In this backdrop, this study makes a sincere attempt to identify and analyse the legal intricacies in this area, in order to evolve a better regime for control of pollution pursuant to transboundary movement of hazardous substances through sea

Right to Maintenance Under Criminal Law - A Critical Study

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

Cinematographic Licensing

In India, film censorship originated with Cinematograph Act 1918 empowering the Provincial Governments to establish censorial authorities. In 1949, an amendment provided for a Central Board of Film Censors. In 1952, a new legislation gave the Central Government enormous powers, making the Board to function as a department of the Central Government. The Government had control over the Board with the mechanism of issuing 'directions' to the censors and laying down censorship rules. The legislation did not provide any objective criteria for censoring films. The 1959 amendment, aimed at curing this defect, only incorporated the grounds contained in Article 19(2) of the Constitution. Even after expert studies and a significant decision by the Supreme Court, pointing out the inadequacy of the existing system, and governmental attempts to bring reforms by way of fresh directions, appointment of appellate authority and framing of new rules, the system still warrants radical change. The thesis explores them.