Parameswaran, K; Markose,A T(Cochin University of Science and Technology, July , 1976)
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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
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School of legal studies,Cochin University of Science And Technology
Sebastian,V D; Dr.Markose, A T(Cochin University of Science And Technology, July , 1976)
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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
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School of legal studies, Cochin University of Science And Technology
Chandrasekharan,N S; Dr.Leelakrishnan, P(Cochin University of Science And Technology, December , 1982)
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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.
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School of legal studies, Cochin University of Science And Technology
Sadasivan Nair,G; Dr.Leelakrishnan, P(Cochin University of Science and Technology, June , 1983)
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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.
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School of Legal Studies,Cochin University of Science And Technology
Varkey, A M; Dr.Sebastian, V D(Cochin University of Science and Technology, March 2, 1984)
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Abstract:
The joint stock company is an institution wielding immense socio economic _power over the ultimate progress and well -being of the nation. It is subjected to corresponding definable responsibilities towards all who depend on than. the shareholders.the employees the suppliers of raw materials. the consumers of its product: and society at Large. The company law is changing and must change with time and take note of the dynamics of trade and industry. Obviously it cannot be static and permanent while the basic economic and social philosophies and the technique of production and investment in the industrial sector change.‘ It provides a legal framework for the corporate form of business in which the organization capital and labour are brought. together in a particular form of relationship. The activities carried on within this corporate form is subjected to a gradual but steadily increasing control by the Government. A study of this oontrol is undertaken to better understand the present law and to suggest the path for further change
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Department of Law, Cochin University of Science and Technology
Kesavankutty,V; Dr.Leelakrishnan, P(Cochin University Of Science And Technology, March 28, 1985)
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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.
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Department of Law,Cochin University Of Science And Technology
Rajan, Varghese K E; Dr.Chandrasekharan, N S(Cochin University of Science And Technology, November , 1985)
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Abstract:
India is on the threshold of industrial and economic
development. The growth would be retarded if harmonious
employer-employee relations are not maintained. 'Wages'
plays a fundamental role in establishing this relationship.
However, much controversy in the industrial sphere revolves
round the question of wages. Though formerly the laissez
faire doctrine prevailed, with the emergence of the welfare
state ideology, notions of national economy and social
justice gained prominence. The problem of wages has became
one with social, political, economic, psychological and
legal dimensions.
Formulation of a proper wage policy is thus a riddle.
Realities of the present have to be fused with perspectives
about the future. With due recognition of all significant
factors, a proper balance has to be struck, which should
be the hard core of any wage policy. This study emphasises
the need for a wage policy which may meet the requirements
of rapid economic growth and stable industrial relations.
The study also indicates the proper bases for the promotien
of such a policy.
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School of Legal Studies, Cochin University of Science And Technology
Gopalakrishnan, N S; Dr.Chandrasekharan Pillai, K N(Cochin University of Science and Technology, May , 1988)
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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.
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Department of Law, Cochin University of Science and
Technology.
Nagabooshanam, P; Dr.Leelakrishnan, P(Cochin University of Science and Technology, July 29, 1988)
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Abstract:
The Constitution of India. which has been described by an eminent writer as a "Corner stone of a nation". Has bestowed sufficient thought on the underprivileged. A number of provisions incorporated in it for their benefit tell the tale of statesmanship of the framers of the Constitution. for the vitality of a Constitution depends on the extent to which it affords protection to the under—priveleged. One such laudable provision in the Constitution relates to "weaker sections of the people", which has directed the State to promote with special care the educational and economic interests of such people. Besides. the Constitution has laid great stress on social justice. No comprehensive analysis in a single work seems to have been made so far of the connotations of social justice and the scope of the constitutional safeguards provided in favour of the weaker sections of the people. This thesis is the result of an attempt to analyse the connotations of social justice and the scope of the constitutional provisions made for the benefit of the weaker sections and the role played by the judiciary in this field The weaker sections, which are sought to be covered in this work, are "Backward C1asses". socially and educationally Backward Classes", "Scheduled Castes and Scheduled Tribes" and women. The first two categories of weaker sections have not been defined in the Constitution. So, their meaning and the criteria to determine them have to be gathered from the reports submitted by various Backward Class Commissions and judicial decisions rendered in a number of cases. The main thrust in this work is to understand the meaning and contents of social justice, identify the relevant weaker sections and to examine the extent to which the social justice has been rendered to the said weaker sections. The scope of this thesis is confined to the examination of the role of the judiciary in this field. So, the enquiry has been focussed mainly on the decisions of the judiciary bearing on the subject with a view to assessing the role of the judiciary in rendering social justice meaningful to the weaker sections in particular and to the Indian Society in general.
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Department of Law, Cochin University of Science and
Technology
Muhamed Kutty, K B; Dr.Chandrasekharan, N S(Cochin University of Science and Technology, November 14, 1988)
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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
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Department of Law, Cochin University of Science and
Technology
Pramodan, M C; Dr.Sebastian, V D(Cochin University of Science and Technology, January 24, 1991)
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Abstract:
This thesis entitled “The right to freedom of information in india”.In a democracy, the citizens being the persons to choose their own governors, the right to know from the Government is a pre-condition for a properly evaluated election. Freedom of speech and expression, one of the repositories of self~government, forms the basis for the right to know in a wider scale. The functions which the free speech rights serve in a society also emphasize the need for more openness in the functioning of a democracy.Maintanance of law and order and investigation of crimes are highly important in a country like India, where no risk may be taken on account of the public‘s right to know.
The Indian situations relating terrorist activities, riots based on language, region, religion and caste are important in this respect. The right to know of the citizens may be regulated in the interests of secrecy required in these areas.On the basis of the conclusions reached in this study, a draft Bill has been proposed for the passing of an Access to Public Documents Act. This Bill is appended to this Thesis.
Description:
Department of Law, Cochin University of Science and Technology