Sebastian, Paul; Sebastian, V D(School of Legal Studies, July , 1996)
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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.
Kylasanatha Pillay,K P; Sadasivan Nair,G(COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, 1999)
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Abstract:
This thesis is shows the result of the research work on the inherent Powers of the High Court in criminal jurisdiction. The criminal justice system in India recognizes inherent powers only of the High Court. The Theory and Philosophy of inherent powers are concerned the Distinction between civil and Criminal laws are of very little consequence. In formulating the research programme the confusion created by the concept of inherent powers and its application by High Court form the central point. How fully the concept is understood, how correctly the power is used, and how far it has enhanced the rationale of the administration of criminal justice, what is its importance and what are the solutions for the inherent power to earn a permanent status in the province of criminal jurisprudence are the themes of this study. The precipitation of new dimensions is the yardstick to acknowledge the inherent powers of the High Court and Supreme Court. It is of instant value in criminal justice system. This study concludes innovativeness provided by the inherent powers has helped the justice administration draw inspiration from the Constitution. A jurisprudence of inherent powers has developed with the weilding of inherent powers of the Supreme Court and the High Court. It is to unravel mystery of jurisprudence caused by the operation of the concept of inherent powers this research work gives emphasis. Its significance is all the more relevant when the power is exercised in the administration of criminal justice. Application or non application of inherent powers in a given case would tell upon the maturity and perfection of the standard of justice
Venugopala, B S; Dr. Varkey, A M(Cochin University of Science and Technology., April , 1999)
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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
Satheesan,K P; Sebastian,V D(Department of Law, Faculty of Law, 2002)
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Abstract:
The object of every law is to render justice. But sometimes the strict implementation of low may result in injustice. Under such circumstances equity will step in to prevent the injustice. Estoppel is one such concept evolved by equity for rendering justice even deviating from strict legal principles. This study is an analysis of the essence of the principle of estoppel, its scope, circumstances and application. The related principles known as estoppel by record, estoppel by deed, estoppel by representation, promissory estoppel, estoppel against public authority is also considered. Estoppel, originated from the sense of justice, equity and good consciousness has since developed through various judicial pronouncements. Further section 115 of the Evidence Act has statutorily recognized and laid down the principles of estoppel. But Section 115 of the Evidence Act or any other statute does not cover the modern development of estoppel in the form of promissory estoppel.
Sankarjee,V N; Sadasivan Nair,G(Department of Law, School of Legal Studies, 2003)
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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.
Krishna Kumar,N; Sadasivan Nair,G(SCHOOL OF LEGAL STUDIES, 2004)
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Abstract:
Human rights are the basic rights of every individual against the state or any other public authority as a member of the human family irrespective of any other consideration. Thus every individual of the society has the inherent right to be treated with dignity in all situations including arrest and keeping in custody by the police. Rights of an individual in police custody are protected basically by the Indian Constitution and by various other laws like Code of Criminal Procedure, Evidence Act, Indian Penal Code and Protection of Human Rights Act. The term `custody' is defined neither in procedural nor in substantive laws. The word custody means protective care. The expression `police custody' as used in sec. 27 of Evidence Act does not necessarily mean formal arrest. In India with special reference to Kerala and evolution and development of the concept of human rights and various kinds of human rights violations in police custody in different stages of history. Human rights activists and various voluntary organisations reveals that there are so many factors contributing towards the causes of violations of human rights by police. Sociological causes like ambivalent outlook of the society with respect to the use of third degree methods by the police, economic causes like meager salary and inadequate living conditions, rampant corruption in police service, unnecessary political interference in the crime investigation, work load of police personnel without any time limit and periodic holidays, unnecessary pressure from superior police officers and the general public for speedy detection causing great mental strain to the investigating officers, defective system of recruitment and training, imperfect system of investigation and lack of public co-operation are some of the factors identified in the field survey towards the causes of violations of human rights in police custody.
Balakrishnan,K; Chandrasekharan Pillai,K N(School of Legal studies, 2004)
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Abstract:
This study is an attempt to look at the impact of international norms on the criminal justice administration in India. It has been confined to the criminal justice administration since it is here that the concept of sovereignty is affected the most. The study is intended to give a fair idea as to the position India holds in the matter of implementation of international norms in the area of criminal justice administration and the areas that require urgent attention. The study suggests that the country’s system is on the right track towards the implementation of the international norms. The position of law in India and the requirements under international norms with respect to criminal justice administration have been studied by considering the same at three stages – pre trial, trial and post trial stages. The question as to whether they comply with the international standards and the approaches of the court has been inquired into this study
Lovely, Paulose; Chandrasekharan Pillai, K N(Cochin University of Science and Technology, July , 2004)
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Abstract:
This thesis is an attempt to explore the problems faced by Indian
Women and to examine the ways in which the human rights of women could be
better protected in the light of international movements with special reference
to national legislation and judicial decisions.The evolution of human rights from early period to Universal
Declaration of Human Rights, 1948 is traced in the first chapter. The second
chapter deals with the evolution of human rights in India. The evolution of
fundamental rights and directive principles and the role played by the Indian
Judiciary in enforcing the human rights enumerated in various international
instruments dealing with human rights are also dealt with in this chapter. The
rights guaranteed to women under the various international documents have
been dealt with in the third chapter.It is noticed that the international documents have had their impact in
India leading to creation of machinery for protection of human rights.
Organised violations of women's rights such as prostitution, devadasi system,
domestic violence, sexual harassment at workplaces, the evil of dowry, female
infanticide etc. have been analysed in the light of existing laws and decisional
jurisprudence in the fourth chapter. The fifth chapter analyses the decisions and
consensus that emerged from the world conferences on women and their
impact on the Indian Society and Judiciary. The constitutional provisions and
legislative provisions protecting the rights of women have been critically
examined in the sixth chapter. Chapter seven deals with various mechanisms
evolved to protect the human rights of women. The eighth chapter contains
conclusions and suggestions.
Description:
School of Legal
Studies, Cochin University of Science and Technology