| Abstract: | 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. |
| URI: | http://dyuthi.cusat.ac.in/purl/42 |
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| Dyuthi-T0160.pdf | (6.129Mb) |
| 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. |
| URI: | http://dyuthi.cusat.ac.in/purl/3062 |
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| Dyuthi-T1036.pdf | (7.187Mb) |
| 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 |
| URI: | http://dyuthi.cusat.ac.in/purl/3054 |
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| Dyuthi-T1028.pdf | (5.765Mb) |
| 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. |
| URI: | http://dyuthi.cusat.ac.in/purl/5051 |
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| Dyuthi-T2116.pdf | (19.77Mb) |
| Abstract: | 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 |
| Description: | School of Legal Studies, Cochin University of Science and Technology |
| URI: | http://dyuthi.cusat.ac.in/purl/3556 |
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| Dyuthi-T1538.pdf | (4.057Mb) |
| Abstract: | This Study pertains to the law relating to admission in minority educational institutions in India. This is an area which needs certainty. Every year, admissions to various institutions are challenged. The future of umpteen number of students are at stake. Only when clarity with regard to the nature of the rights and conditions to be fulfilled to get the rights are made, conflicts can be prevented. Awareness in this area has to be developed. Considering the peculiar nature of rights provided under Article 30 to the minorities, there is an argument that Article 30 is absolute in nature and restrictions on this right can be only in the interests of the minorities. But there is also a counter argument that minority rights are not absolute and that all rights are absolute only to the extent of their logical extreme. Thus reasonable restrictions can be placed over Article 30. The Legal framework is not comprehensive and conflicting judicial responses add to the dilemma. Legal frame work has pitfalls which creates confusions. Though there are decisions by the highest court of the land regarding admission rights, various parts of the decisions are quoted in isolation by interested parties to assert their sides. Many States try to frame legislations regulating admissions inspired by the judicial pronouncements, which are later declared as violative of minority rights and held unconstitutional. This state of affairs has prompted me to select this area as the subject for study. Study is an analysis for a better regime of law relating to admissions in minority educational institutions in India balancing the interests of various stakeholders viz. minority and non minority educational institutions, both professional and elementary, students, parents and the State. |
| URI: | http://dyuthi.cusat.ac.in/purl/5088 |
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| Dyuthi-T 2154.pdf.pdf | (2.660Mb) |
| Abstract: | This work is a study on ‘Legal Control of Fishing Industry in Kerala.Fishery and Fishery-related legislations are sought to be examined in the light of scientific opinion and judicial decisionsThis work is divided into five Part.The thrust of time Study is on the success of legislative measures in attempting to achieve socio-economic justice for the fishermen community.Fishing is more an avocation than an industry. It is basically the avocation of the artisanal or traditional fishermen who depend on it for their livelihood. As an ‘industry’, it is a generator of employment, income and wealth.The modern tendency in national legislations is to integrate legal proivisions relating to EEZ fisheries into the general fisheries legislation.Chartered fishing was introduced by the Central Government during 1977-78 to establish the abundance and distribution of fishery resources in Indian EEZ, for transfer of technology and for related purposes.Going by the provisions of Articles 61 and 62 of the U.N. Convention on the Law of the Sea, 1982, foreign fishing need be permitted in our EEZ area only if there is any surplus left after meeting our national requirements.Conservation of the renewable fishery resources should start with identification of the species, their habitats, feeding and breeding patterns, their classification and characteristics. Fishing patterns and their impact on different species and areas require to be examined and investigated.the Central Government, that the Kerala Marine Fishing Regulation Act, 1980 was passed.our traditional fishermen that our Governments in power in Kerala resorted to the appointment of Commissions after Commissions to enquire into the problems of resource management and conservation of the resources. The implementation of the recommendations of these Commissions is the need of the times.General infrastructure has increased to a certain extent in the fishery villages; but it is more the result of the development efforts of the State rather than due to increase in earnings from fishing. Fisherwomen ar e still unable to enjoy the status and role expected of them in the society and the family.Around 120 million people around the tuorld are economically dependent on fisheries. In developing countries like India, small-scale fishers are also the primary suppliers of fish, particularly for local consumption. A most important role of the fisheries sector is as a source of domestically produced food. Fish, as a food item, is a nutrient and it has great medicinal value.Consumers in our country face a dramatic rise in fish prices as our ‘fishing industry’ is linked with lucrative markets in industrial countries. Autonomy of States should be attempted to be maintained to the extent possible with the help and co-operation of the Centre. Regional co-operation of the coastal states interse and with the Centre should be attempted to be achieved under the leadership of the Centre in matters of regional concern. At time national level, a ifisheries management policy and plan should be framed in conformity with the national economic policies and plans as also keeping pace with the local and regional needs and priorities. Any such policy, plan and legislation should strive to achieve sustainability of the resources as well as support to the subsistence sector. |
| Description: | Department of Law, Cochin University of Science and Technology |
| URI: | http://dyuthi.cusat.ac.in/purl/3073 |
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| Dyuthi-T1047.pdf | (6.950Mb) |
| Abstract: | Industries constitute the main spring of development. Without industrial development no country could reach a stage in which a decent living for its citizens would be achieved. Increasing production to meet the basic needs of society augmented scientific invention and machine oriented industrial order.Environmental pollution ls a burning global issue. It is more serious and dangerous than terrorism. Started with the discovery of fire and development of civilization. Pollution went unnoticed throughout the centuries of human growth until its adverse effects on human environment become explicit.National concern tor environment started in our country only atter the cause of protection of environment received global attention. At present legal control ot industrial pollution is in a scattered framework of piece meal processes with overlapping provisions and authorities.Environmental protection- should be an item not only in the concurrent list of schedule 7 to the Constitution but also in the list of matters entrusted to the panchayati institutions in the Schedule 11. It is heartening to note that so far as municipalities are concerned the Constitution of India lives up to the expectation. In the wake of New Industrial Policy based on liberalisation a long list of small scale industries fall outside the purview of environmental clearance. The Indian concept of environmental im»act assessment introduced under the Environment Act by notification excludes the entire gamut of small scale industries and r.elates only to scheduled industries covered by the notifica~ion. Most of them are subjected to ETA only it the investment goes above ~.50 crores. This provision dilutes the impact assessment considerably A mandatory impact assessment with public partiCipation and with provision for a review by specialized environmental courts will eliminate the possible evils of this judicial passiveness. |
| Description: | School of Legal Studies, Cochin University of Science and TechnologY |
| URI: | http://dyuthi.cusat.ac.in/purl/3094 |
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| Dyuthi-T1068.pdf | (15.59Mb) |
| Abstract: | The overall focus of the thesis involves the legal protection for consumers of pharmaceutical products.The work on “Legal Protection for Consumers of Pharmaceutical Products” is undertaken to study the legal framework that is existing for this purpose and the functioning of regulating mechanism that is envisaged under it. The purpose of the study is to analyse how far these measures are effective in adequately protecting various aspects of consumer interest. Methodology adopted for the study is analytical.The present study revealed that the theory of freedom of contract is only an ideal relevant when the parties are assumed to be on equal footing.In a more complicated social and economic society, it ceased to have any relevance. Many countries in the world enacted legislations to protect the consumers of pharmaceutical products.The meaning of ‘consumers of drugs’ provided in the law is inclusive and not exhaustive one. The definition of ‘drug’ as interpreted by the courts is comprehensive enough to take in it not only medicines but also substances. The meaning of the word substances has been widened by the interpretation of the courts so as to include all the things used in treatment.The definition of the word ‘consumer’ has been liberally interpreted by the courts so as to provide protective net to a large section of the public.The studies subsequent to this report also revealed that there is a shortage of essential drugs necessary to cure local diseases like tuberculosis and malaria where as drugs containing vitamins and other combinations which are more profitable for the manufacturers are produced and marketed in abundance.The study of the provisions in this regard revealed that the duty of the drug controlling authorities is confined to scrutinize the data of the clinical test already conducted by the sponsor of the drug.Study of the clinical trial procedure under the U.S. law revealed that there is a continuous supervision over clinical trials and controls are provided on the treatment use of an investigational productStudy of the clinical trial procedure under the U.S. law revealed that there is a continuous supervision over clinical trials and controls are provided on the treatment use of an investigational product.the study of the provisions of the Drugs and Cosmetics Act and the rules framed under it revealed that the law in this regard is comprehensive to protect the consumer provided it is sufficiently supported by adequately equipped enforcement machinery. |
| Description: | School of Legal Studies, Cochin University of Science and Technology |
| URI: | http://dyuthi.cusat.ac.in/purl/3096 |
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| Dyuthi-T1070.pdf | (9.030Mb) |
| Abstract: | It has long been said that market itself is the ideal regulator of all evils that may come up among traders. Free and fair competition among manufacturers in the market will adequately ensure a fair dealing to the consumers. However, these are pious hopes. that markets anywhere in the world could not accomplish so far. Consumers are being sought to be lured by advertisements issued by manufacturers and sellers that are found often false and misleading. Untrue statements and claims about quality and performance of the products virtually deceive them. The plight of the consumers remains as an unheard cry in the wildemess. In this sorry state of affairs, it is quite natural that the consumers look to the governments for a helping hand. It is seen that the governmental endeavours to ensure quality in goods are diversified. Different tools are formulated and put to use, depending upon the requirements necessitated by the facts and circumstances. This thesis is an enquiry into these measures |
| Description: | School of Legal Studies, Cochin University of Science And Technology |
| URI: | http://dyuthi.cusat.ac.in/purl/3623 |
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| Dyuthi-T1603.pdf | (5.573Mb) |
| Abstract: | The subject-wise distribtion of legislative competence among the three legislative jurisdictions, union, state and concurrent, gives rise to a problem of legislative conflicts in India. There does not seem to have been any study exclusively devoted to this aspect of Indian federalism. This study is an attempt in that direction. The study has been broadly divided into three parts after an historical introduction in chapter I. Chapters II to VIII deal with conflicts between the exclusive fields, chapters IX and X with conflicts in the concurrent field, and chapter XI with conflicts between the exclusive and concurrent fields. In the last chapter, i.e, chapter XII, has been collected together some conclusions which in most cases have also been noted in the course of the study |
| Description: | School of legal studies, Cochin University of Science And Technology |
| URI: | http://dyuthi.cusat.ac.in/purl/3310 |
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| Dyuthi-T1284.pdf | (20.07Mb) |
| Abstract: | This is a study in criminal law. The problem probed is the relationship between mental abnormality and criminal responsibility. The subject is yet an unsolved area in criminal jurisprudence. It is of great interest to many jurists lawyers philosophers and psychiatrists. The study lays special emphasis on the Indian law .Comparative assessment wherever found necessary,especially of positions in England ,United states and Germany is made. The thesis is in six parts and sixteen chapters. |
| Description: | School of Legal Studies,Cochin University of Science And Technology |
| URI: | http://dyuthi.cusat.ac.in/purl/3287 |
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| Dyuthi-T1262.pdf | (26.28Mb) |
| URI: | http://dyuthi.cusat.ac.in/purl/1313 |
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| Sadasivan Nair G 1984.PDF | (626.8Kb) |
| Abstract: | 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. |
| Description: | School of Legal Studies, Cochin University of Science and Technology |
| URI: | http://dyuthi.cusat.ac.in/purl/3061 |
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| Dyuthi-T1035.pdf | (10.77Mb) |
| Abstract: | 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 |
| Description: | School of legal studies,Cochin University of Science And Technology |
| URI: | http://dyuthi.cusat.ac.in/purl/3286 |
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| Dyuthi-T1260.pdf | (21.70Mb) |
| Abstract: | This study analyses the role of the Press Council as a champion and guard of free speech. It discusses the extent to which the Council succeeded in achieving its statutory objective of preserving the freedom of the press and maintaining and improving the standards of newspapers and news agencies. It also examines the inherent and in-built weaknesses of the Council and suggests ways and means for restructuring and enlarging its functions. |
| URI: | http://dyuthi.cusat.ac.in/purl/1572 |
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| Dyuthi-T0229.pdf | (10.73Mb) |
| Abstract: | This is a study on “Professional Services: Civil Liability for Deficiency”. This study is made with special reference to medical profession. The importance of qualitative professional services does not require any emphasis. It is a matter of great concern for the people as they are consumers.This study is divided into 12 chapters. The introductory chapter deals with characteristics of profession, basis of professional liability and international efforts to check abuse of position by professional men. Consumers as laymen can not perceive the intricacies of professional services. As a result professional men could misuse their superior position to expose consumers to hardship through deficient services. This is obvious from the fact that deficiency in professional services has assumed a menacing proportion. It is indicative of failure of internal control through self-regulation to check the abuse of position by the professional men. The professional bodies entrusted with the task of enforcing disciplinary measures show a very callous and indifferent attitude towards the repressive conduct of their members. These bodies are more concerned to protect the interest of their members. They are not free from institutional bias. They have put the interest of consumers into oblivion. In effect remedies through professional bodies has become a myth. All these factors make the external control of professional services mandatory to protect the consumers from the clutches of unscrupulous professional men, who abuse their superior position. The professional men who abuse their position are exposed to liability. Their liability arises under contract, tort and statutory law. The present study substantially concentrates on professional liability of medical men. The obvious reason is that of all professional services medical services are the frequently availed services by the consumers. Medical negligence cases account for bulk of the professional negligence cases. ln India also large number of cases are coming before consumer forae. The legal principles evolved in this sphere of professional service confers an insight into legal control of other professional services as well. The same principles are applied to other professions also, as by and large all the professions share common characteristics. Such principles are modified wherever necessary to make room for differential aspects of particular profession |
| Description: | School of Legal Studies, Cochin University of Science and Technology |
| URI: | http://dyuthi.cusat.ac.in/purl/3139 |
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| Dyuthi-T1113.pdf | (26.99Mb) |
| Abstract: | 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 |
| Description: | Department of Legal studies |
| URI: | http://dyuthi.cusat.ac.in/purl/3024 |
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| Dyuthi-T1002.pdf | (26.99Mb) |
| Description: | School of Legal Studies, Cochin University of Science and Technology |
| URI: | http://dyuthi.cusat.ac.in/purl/2932 |
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| Dyuthi-T0923.pdf | (1.287Mb) |
| Abstract: | 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. |
| Description: | Department of Law, Cochin University of Science and Technology. |
| URI: | http://dyuthi.cusat.ac.in/purl/3371 |
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| Dyuthi-T1348.pdf | (7.177Mb) |
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