| URI: | http://dyuthi.cusat.ac.in/purl/1314 |
| Files | Size |
|---|---|
| Varkey A 1984.PDF | (738.5Kb) |
| URI: | http://dyuthi.cusat.ac.in/purl/5459 |
| Files | Size |
|---|---|
| Dyuthi T-2498.pdf | (461.3Kb) |
| Abstract: | This thesis entitled “Child labour in india”Children are "supremely important assets" of the nation, India proudly asserts in the National Policy for Children (1974) gracefully acknowledging that they are future citizens on whose shoulders the destiny of our nation rests.Childhood is a time of discovery as the world and all it contains are new to children. It is a time of excitement and anticipation. lt is a time of dreams and fantasies. And it is a time of receiving love and appreciation. Paradoxically, a picture of contrast is a common experience in India as a vast majority of children who are starved of basic needs of nutrition, health and education are made to work at an early age in exploitative conditions. The specter of child labour is a glaring anomaly in a country graciously adorning human right. In an exposition of the problem involving human rights abuse, Chapters from Two to Five of this study have shot into focus the human rights jurisprudence with special reference to the rights of children. Children have a particular identity as children and they also have a universal identity as human beings.The concern for mankind expressed unequivocally and transcending the globe will be real and moving and not mere rhetoric and ritual if and only when it begins with children, as, to quote the words of Nehru, the human being counts much more as a child than as a grown up.The first three of these rights namely right to health, right to nutritive food and right to education are dealt with in Chapter Four. Finally, the positive effects of education have been sketched in that chapter to impress upon its significance in the development of human capitals.legitimization. The theme of legitimacy was rationalised on the ground of poverty as a strategy for achieving eradication of child labour ultimately by enforcing minimum wages, shorter working hours, leave compensation, non-formal education etc., as the employer would soon discover that child labour is not cheap and would be obliged to substitute adult labour. However, humanising the work life is only a promise to the detriment of children as the Act of 1986 enacted as a part of the new strategy is nearingcompletion of a decade of existence but nowhere near the fulfilment of the mission.As similar urge is more necessary and overdue, it has been suggested that a special body be established with all powers for cognisance of human rights abuse of children.It is proposed to conclude this study with a brief summary of the inferences drawn from the foregoing chapters along with a few suggestions emerging out of those inferences |
| Description: | School of Legal Studies, Cochin University of Science and Technology |
| URI: | http://dyuthi.cusat.ac.in/purl/3144 |
| Files | Size |
|---|---|
| Dyuthi-T1118.pdf | (9.143Mb) |
| URI: | http://dyuthi.cusat.ac.in/purl/1315 |
| Files | Size |
|---|---|
| Kesavankutty V 1985.PDF | (1.015Mb) |
| Abstract: | 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. |
| Description: | Department of Law,Cochin University Of Science And Technology |
| URI: | http://dyuthi.cusat.ac.in/purl/3608 |
| Files | Size |
|---|---|
| Dyuthi-T1566.pdf | (33.19Mb) |
| Abstract: | This thesis Entitled compensation to workmen for industrial injuries.Evaluation of the different forms of liability for compensating industrial injuries makes it evident that the liability under the social insurance scheme is the most befitting one, as it eliminates the problem of evasion of liability by the employer by providing for sharing of liability. Liability for compensation under the workmen's Compensation Act, 1923 and the Employees' State Insurance Act, 1948 arises only in the case of accidents, arising in the course of and out of employment. Majority of the workers, covered by the workmen's Compensation Act, have supported lumpsum payment of compensation under the Act. It appears that workers are ignorant of the cemerits of lumpsum payment. So, the workers should be properly educated by the Inspectorate, proposed above, about the comparative advantages of periodical payments. It is suggested that the workmens Compensation Act, 1923 may be amended, imposing fee upon the parties for each adjournment. It is also suggested that provision may be made in the workmens Compensation Act, 1923 for the expeditious despatch of amendments of the Workmen's Compensation Act, 1923, the Workmens· Compensation Rules, 1924 and the Schedules, made from time to time, to the comrnissioners for workmens Compensation, This will help them mete out justice to an injured workman, as required by the changes in the law. The Employees' State Insurance Act, 1948 and the Rules may be amended, requiring the employers to provide the employees with necessary information, in the vernacular language, about the employment injury benefits available under the Employees' State Insurance Act, 1948 and the formalities for obtaining the same. This will help the illiterate employees, especially the casual ones, avail of employment injury benefits. Changes in the law, on the lines suggested above, are imperative to make the system of compensation for industrial injuries prove effective and beneficial to injured workmen. |
| Description: | Department of Law, Cochin University of Science and Technology |
| URI: | http://dyuthi.cusat.ac.in/purl/3156 |
| Files | Size |
|---|---|
| Dyuthi-T1130.pdf | (14.16Mb) |
| URI: | http://dyuthi.cusat.ac.in/purl/5326 |
| Files | Size |
|---|---|
| Dyuthi T-2362.pdf | (3.421Mb) |
| Abstract: | The Union Territory of Pondicherry prior to its merger with the Indian Union was a French Colony. The erstwhile territory of Pondicherry along with its hamlets, namely, KARAIKKAL, MAHE and YANAM was administered by the French Regime. Before it was established by French in 1 6 74 A.D. it was part of Vijayanagara Empire. Prior to this, Pondicherry was a part of the Kingdom of Chola and Pallava Kings. During French Regime, the laws which were in force in France in relation to administration of civil and criminal justice were extended to the erstwhile Territory of Pondicherry. Thus while Pondicherry stood influenced by the Inquisitorial system since the beginning of the 18th century, the neighboring states forming part of the Indian Union since Independence came under the Influence of the British system, viz. accusatorial system. The territory of Pondicherry, for administrative reasons, came to be merged with the Indian Union in the early 60's. Following the merger, the Indian administration sought to extent its own laws from time to time replacing erstwhile French Laws, however, subject to certain savings. Thus the transitional period witnessed consequential changes in the administration of the territory, including the sphere of judicial system. Since I 963, the Union Territory of Pondicherry was brought under the spell of the Indian Legal System The people in Pondicherry ' thus have had the benefit of experiencing both the svstems. Their experiences will be of much help to those who undertake comparative studies in law. The plus and minus points of the respective systems help one to develop a detachment that helps independent evaluation of the svstents. The result of these studies could be relevant in revitalising our criminal systems.The present system is evaluated in the light of the past system. New dimensions are added by way' of an empirical study also. |
| Description: | School of Legal Studies, Cochin University of Science and Technology |
| URI: | http://dyuthi.cusat.ac.in/purl/3276 |
| Files | Size |
|---|---|
| Dyuthi-T1250.pdf | (31.96Mb) |
| Abstract: | The customary laws of Union Territory of Lakshadweep islands are a challenge for judicial institution as well as administrative machinery. With the peculiarities of socio-legal institutions, Lakshadweep system stands apart from the mainstream of legal systems in India. How far do the charismatic modernisation trends flowing into the Lakshadweep society affect the people already protected by the uncodified laws of the past? Many are the issues at this stage. This study analyses them. It examines the growth, evolution and development of the legal system in the islands vis-a-vis the administrative mechanism imposed by the mainland ethos and culture. |
| Description: | School of Legal Studies, Cochin University of Science and Technology. |
| URI: | http://dyuthi.cusat.ac.in/purl/3785 |
| Files | Size |
|---|---|
| Dyuthi-T1733.pdf | (5.831Mb) |
| URI: | http://dyuthi.cusat.ac.in/purl/1312 |
| Files | Size |
|---|---|
| Chandrasekharan N S 1983.PDF | (517.1Kb) |
| Abstract: | This is a study in labour law.. Dismissal of workmen in private lndustrial sector is the area of this study. Confined within the framework of the Industrial Disputes act 1947, the study is an analytical assessment of the decisions of the supreme Court of India. on dismissal in industrial employment. Few attempts were made in the past to analyse on identical lines the problems in this area. Hence what is| written in this thesis is ones own. Dismissal carries a stigma. the dismissed employee may find it difficult to get alternative employment especially in a land of severe unemployment. The need for law with built in safeguards against arbitrary dismissal cannot be overemphasized. From this perspective the study examines to what extent the industrial disputes act 1947 provides protection and how far the protection is adequate. |
| Description: | School of legal studies, Cochin University of Science And Technology |
| URI: | http://dyuthi.cusat.ac.in/purl/3343 |
| Files | Size |
|---|---|
| Dyuthi-T1304.pdf | (29.53Mb) |
| 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. |
| URI: | http://dyuthi.cusat.ac.in/purl/45 |
| Files | Size |
|---|---|
| Dyuthi-T0063.pdf | (3.073Mb) |
| Abstract: | This is a study in international trade law. Documentary credits are the most common method of payment for goods in international trade. In India also these instruments are used both in national and international trade. The law governing these transactions remains haphazard. This study identifies the deficiencies in the regulatory framework for documentary credits in India. It primarily focuses on those areas which exhibits a lack of equality and justice in its operation. An attempt has also been made to identify the rights and duties of parties involved in the transaction. The reasons for the increase of fraudulent activities associated with the documents executed in the documentary credit transactions are also examined. How far the law in India is sufficient to ensure fair business practice in international trade financing is also examined. Methodology adopted for the study is analytical. The statutory provisions, rules and case laws under these provisions have been examined. An empirical study by personal interview with the bankers is also made to ascertain the practice of bankers in India. |
| Description: | School of Legal Studies, Cochin University of Science and Technology |
| URI: | http://dyuthi.cusat.ac.in/purl/3856 |
| Files | Size |
|---|---|
| Dyuthi-T1783.pdf | (6.297Mb) |
| Abstract: | This thesis entitled “ Educational rights of the minorities under article 30 of the indian constitution.The study is divided into nine chapters.The object of the present study is to explore whether the judiciary has been successful in balancing the conflicting rights of the minorities and the state. The study also seeks to bring forth those judicial principles which have governed the operation of these rights and determined the limits of their application. Article 30 confers a special right on minorities to establish educational institutions of their own choice.This is an expression of the liberal and tolerent culture of our nation which is reflected in the Constitution. The idea is to foster unity' in diversity, ea unique characteristic of the Indian way of life.This study suggested that where a minority is a minority’ in the historical or national context and its claim is based on religion it must be defined and ascertained in terms of the population of the whole country irrespective of its being a numerical majority' in any particular State and the minority status. of linguistic group has to be ascertained in terms of the population of any particular State irrespective of its being a numerical minority in terms of the population of the whole country.A religious denomination also can be treated as a religion within the meaning of Article 30(1) provided it is having a separate organisation with doctrines and tenets and rites and practices of its own. |
| Description: | Department of Law, Cochin University of Science and Technology |
| URI: | http://dyuthi.cusat.ac.in/purl/3032 |
| Files | Size |
|---|---|
| Dyuthi-T1635.pdf | (7.328Mb) |
| Abstract: | This thesis is a study of -Equality of Opportunity in Public Employment : Judicial Perspectives on Backwardness. This study is an attempt to evaluate the concept of backwardness and equality of opportunity in employment and to assess the judicial perspectives in relation to them. The study reveals that the recent review petition of the Constitution Bench did not assess the decision of Chakradhar and its import. The study reveals that the Indian judiciary could successfully locate and apply the above principles. It was-Justice Subba Rao's nascent attempt in Devadasan which marked the starting point of such a jurisprudential enquiry. Later Thomas developed the thoughts by a reading new meaning and content to equality provisions of the Constitution which included the elimination of inequalities as the positive content of Articles 14 and 16(1) and elevated reservation provision to the same status of equality principles under the Constitution. Soshit, Vasanth Kumar and Mandal supplemented further to the jurisprudential contents. In this process, the courts were guided by the theories of John Rawls, David Miller, Ronald Dworkin, Max Weber and Roscoe Pound. Thus there was a slow and steady process of transformation of the reservation provision. From an anti-meritarian, unenforceable and enabling provision, it reached a stage of equally relevant and explanatory part of fundamental right to equality. Mandal viewed it as a part of sharing of State power. Though this can be seen by rereading and re-joining thoughts of judges in this regard, the judicial approach lacks coherence and concerted efforts in evolving a jurisprudential basis for protective discrimination. The deliberations of the framers of the Constitution reveals that there was much confusion and indeterminacy with regard to the concept of Backwardness. The study shows that the judiciary has been keeping intact the framers’ expectation of having a reasonable quantum of reservation, preventing the undeserved sections from enjoying the benefit, avoiding its abuse and evolving a new criteria and rejecting the old ones. |
| Description: | School of Legal Studies, Cochin University of Science and Technology |
| URI: | http://dyuthi.cusat.ac.in/purl/3250 |
| Files | Size |
|---|---|
| Dyuthi-T1224.pdf | (10.09Mb) |
| Abstract: | 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. |
| Description: | School of Legal Studies, Cochin University of Science and Technology. |
| URI: | http://dyuthi.cusat.ac.in/purl/3111 |
| Files | Size |
|---|---|
| Dyuthi-T1085.pdf | (2.174Mb) |
| URI: | http://dyuthi.cusat.ac.in/purl/5604 |
| Files | Size |
|---|---|
| Dyuthi T-2645.pdf | (17.94Mb) |
| Description: | School of Legal Studies, Cochin University of Science & Technology |
| URI: | http://dyuthi.cusat.ac.in/purl/2134 |
| Files | Size |
|---|---|
| Dyuthi-T0495.pdf | (1.656Mb) |
| URI: | http://dyuthi.cusat.ac.in/purl/1318 |
| Files | Size |
|---|---|
| Muhamed kutty K B 1989.PDF | (362.1Kb) |
| Abstract: | 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 |
| Description: | Department of Law, Cochin University of Science and Technology |
| URI: | http://dyuthi.cusat.ac.in/purl/3219 |
| Files | Size |
|---|---|
| Dyuthi-T1193.pdf | (5.843Mb) |
Dyuthi Digital Repository Copyright © 2007-2011 Cochin University of Science and Technology. Items in Dyuthi are protected by copyright, with all rights reserved, unless otherwise indicated.