Jayadevan, V R; Dr.Chandrasekharan, N S(Cochin University of Science and Technology, August 17, 1999)
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Abstract:
The focus of study in this thesis is on the necessity and extent of judicial creativity in interpreting provisions in certain crucial areas in the Constitution of India. Judicial innovation was essential to adapt the constitutional provisions to modern changed context. Creativity of the Court has been mainly in the creation and introduction of certain new concepts not found in any specific provision of the Constitution which, but were essential for its meaningful interpretation.Independence of the judiciary, basic structure and certain elements of social justice cherished as ideal by the makers of the Constitution are some such concepts infused into the Constitution by the judiciary. The second aspect of creativity lies in the attempt of the Court to construe provisions in the Constitution with a view to upholding and maintaining the concepts so infused into the Constitution. Introduction of those concepts into the Constitution was necessary and is justified. all important features of the Constitution like democratic form of government, federal structure, judicial review, independence of judiciary and rule of law were thus included in the doctrine to prevent their alteration by amendments.As a result of such a construction, the nature of those directive principles itself has changed. They ceased to be mere directives for state action but became mandate for it. If left to legislative or executive will for their implementation, the directives would have remained enforceable as ordinary right.To conclude, notwithstanding the errors committed by the Supreme Court in construing the provisions in the above areas, they stand testimony to its creative and innovative response in interpreting the Constitution. If this trend is continued, it will be possible to achieve through the judicial process, maintenance of independence of the judiciary, avoidance of destruction of the Constitution through the process of amendment and realisation of social justice envisaged in the directive principles. It can be hoped that the Court would maintain its energetic and vibrant mind and rise up to the occasions and extend the same to other areas in future.
Description:
School of Legal
Studies, Cochin University of Science and Technology.
Gopakumaran Nair, S; Dr.Chandrasekharan Pillai, K N(Cochin University of Science and Technology, December 21, 2009)
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Abstract:
This thesis entitled “Judicial review of academic decisions.Education in India is being increasingly controlled and guided by the courts.This study makes an attempt to assess the involvement of the court in regulating education and its role or interference in the conventional concepts of ‘academic freedom’ and ‘university autonomy.The study mostly concentrates on the jurisdiction under Article 226 of the Constitution and its invocation in academic matters with particular reference to the decisions of the Kerala High Court.The concept of judicial review in the Constituent Assembly, initial approach of the Supreme Court of India towards the doctrine, gradual empowerment of Indian judiciary in this area and the resultant judicial activism.The study proceeds through the analysis of ‘academic freedom’ and ‘university autonomy’ in the 4"‘ chapter. This chapter attempts to probe academic freedom and university autonomy in India,England and United States and autonomy of Indian universities before and after independence.Basic principles and the jurisdictional parameters of
judicial review in the area of academic decisions, as pronounced by the Apex Court, can be convincingly and consistently followed by the High Courts, which is possible only if special Academic Benches are constituted.
Description:
School of Legal
Studies, Cochin University of Science and Technology
Raveendran Nair, B; Dr.Joseph,Francis D(Cochin University of Science and Technology, December , 1981)
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Abstract:
Urea-formaldehyde resins find numerous
applications in adhesive, textile finishing and moulded
plastic industries. Kinetic investigations of the reactions of
urea and its related compounds with formaldehyde in
aqueous acid, alkaline and neutral media have been carried
out. A thin—layer chromatographic method was developed
for the separation and estimation of the products of these
reactions. Using this technique the various initial steps
in the reactions were analysed and the rate constants have been determined.
Description:
Department of Applied Chemistry, Cochin University of Science and Technology
Thomas,P T; George,K K(Department of Applied Economics, September , 1994)
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Abstract:
It is hoped that the present study by analysing the
dynamics of agrarian change and peasant mobility may contribute
to the on-going debate on this issue in India and other developing
countries. It may also help to throw light on the validity of some
of the theories formulated on the basis of experience in different
regions and at different times. The study is likely to be of
special importance as it covers an area which has one of the
highest densities of population. The area has also witnessed
sweeping changes in agrarian structure as a result of the most
radical land reforms among the Indian states.
Dayana, M.K.; Dr. Varkey, A.M(Cochin University of Science and Technology, October 26, 2015)
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Abstract:
This is a study of land use law in India. Land use Controls has been a subject
of controversy since the human settlement. Gamut of control increased with human
development. Now the controls are for many purposes.Nuisance created through various land use was tried to be avoidedthrough the common law controls7. Whether the utility of the activity outweighs
the environmental consideration was the consideration before the court. A
standard definition8 of nuisance could meet most of the problems relating to land
use. Later on, planning and zoning laws brought in major changes. Health, safety
and facilities of others attracted land use controls9. After the Stockholm the sphere
of government interference increased. Several legislations were enacted. Existing
legislations were modified. These come in conflict with the interests of different
sections of society. Coastal Regulations10 and high range protection11 are
manifestations of such unrest. A systematic study on these issues is of current
interest. Exploring of some areas in this respect is also relevant in this respect.