| 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 |
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| Dyuthi-T0063.pdf | (3.073Mb) |
| 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 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: | 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. |
| URI: | http://dyuthi.cusat.ac.in/purl/927 |
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| Dyuthi-T0127.pdf | (6.545Mb) |
| 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 |
| URI: | http://dyuthi.cusat.ac.in/purl/70 |
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| Dyuthi-T0119.pdf | (7.856Mb) |
| 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 |
| URI: | http://dyuthi.cusat.ac.in/purl/2900 |
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| Dyuthi-T0896.pdf | (9.838Mb) |
| 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: | 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 |
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| Dyuthi-T1783.pdf | (6.297Mb) |
| Description: | School of Legal Studies, Cochin University of Science & Technology |
| URI: | http://dyuthi.cusat.ac.in/purl/2134 |
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| Dyuthi-T0495.pdf | (1.656Mb) |
| Abstract: | Health is an important aspect of everybody’s life. Today, there is an increasing recognition and commitment to the pursuit of health both within government and beyond. Any attempt on the part of the " State to protect and promote people’s health, in turn, must be accompanied by effective controls on air quality, as air constitutes ‘ one of the important elements of man’s life and the consequences of air pollution covers a very wide spectrum ranging from material ---damage to personal discomfort and illness. The broad social and economic objectives adumbrated in the Directive Principles of State Policy including the commitment to improve public health underlying in Article 47 and the obligation to preserve and protect-the natural environment cast under Article 48A of the Constitution are being used as versatile weapons by the State to regulate the public health scenario. Preservation and maintenance of air quality is a significant area within the sphere of public health, where the regulatory arm of the law is not adequately touched and in this arena urgent State intervention through legislative and administrative action is called for in the well-being of the society. Judiciary also plays a pivotal role in this arena in the larger interest of the society and for the benefit of the present and future generations. The research study is an attempt to analyze how far the existing legal system, for maintaining air quality and in controlling air pollution, is effective in protecting public health. The study also analyzes the limitations of the control mechanisms. The study focuses on industrial air pollution, indoor and personal air pollution, vehicular pollution and noise pollution which are today appearing as the major public health hazards affecting the air quality. However, this is not to overlook the importance of controls required under other areas of public health. |
| Description: | School of Legal Studies, Cochin University of Science and Technology |
| URI: | http://dyuthi.cusat.ac.in/purl/3855 |
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| Dyuthi-T1782.pdf | (10.03Mb) |
| Abstract: | Access to education becomes an issue of equity with diverse claims from stakeholders justifying their rights based on perceptions of equity — both social and individual. In-spite of the phenomenal increase since independence in the number of institutions imparting education and the number of beneficiaries, India being the second largest nation in terms of population of the young finds its resources spread thin in meeting the demand for education. Quality education comes at a premium in India whether it is provided in the private or in the public sector. Education seemingly enables the individuals, singly and collectively. to overcome the social barriers perpetuated by the caste system. Taken together, these unleash grave demands on formulating equitable standards. It is in this context that identifying the deserving for favourable consideration becomes all the more important. In this sea of claims and counter-claims, this thesis tries to identify the issues involved on the question of equitable access to education on the basis of the factual position in the field of education. Identifying the issues correctly provides the necessary impetus for framing the questions that provide meaningful answers. The objective of this research is to help formulate the policy guidelines governing the principles of equity that is needed to ensure universal access to education in India. |
| Description: | School of Legal Studies, Cochin University of Science and Technology |
| URI: | http://dyuthi.cusat.ac.in/purl/3694 |
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| Dyuthi-T1660.pdf | (6.825Mb) |
| 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: | Globalisation has many facets and its impact on labour is one of the most significant aspects.Though its influence is worldwide,it is much more significant in a transforming economy like India.The right of workers to social security is seen recognised under the Constitution of India and other welfare legislations.But,after adoption of the new economic policy of liberalisation and privatisation by the Government of India,the labour is exposed to new set of challenges.They are posed mainly due to economic restructuring affected in employment relationship,coupled with the increase in unprotected informal labour force.This study is an attempt to analyse the new challenges stemming up in employment relation,efficacy of the existing measures for social security of labour in the present economic condition and the suggestions for securing workers'right to social security in the trade regime. |
| Description: | School of Legal Studies,Cochin University of Science and Technology |
| URI: | http://dyuthi.cusat.ac.in/purl/2788 |
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| Dyuthi-T0809.pdf | (1.942Mb) |
| Abstract: | In light of the various international instruments and international agencies that are actively engaged in resolving the issue of ABS, the present work tries to find an answer to the larger question how far the above agencies have succeeded in regulating access and make sure of benefit sharing. In this process, the work comprehensively analyses the work of different agencies involved in the process. It tries to find out the major obstacles that stand in the way of fulfilment of the benefit sharing objective and proposes the ways and means to tackle them. The study first traces the legal foundations of the concept of property in GRs and associated TK.For this, it starts with analysis of the nature of property and the questions related to ownership in GRs as contained in the CBD as well as in various State legislations. It further examines the notion of property before and after the enactment of the CBD and establishes that the CBD contains strong private property jurisprudence.Based on the theoretical foundation of private property right,Chapter 3 analyses the benefit sharing mechanism of the CBD, i.e. the Nagoya Protocol. It searches for a theoretical convergence of the notion of property as reflected in the two instruments and successfully establishes the same. It makes an appraisal of the Nagoya regime to find out how far it has gone beyond the CBD in ensuring the task of benefit sharing and the impediments in its way.Realizing that the ITPGRFA forms part of the CBD system, Chapter 4 analyses the benefit sharing structure of ITPGRFA as revealed through its multilateral system. This gives the work the benefit of comparing two different benefit sharing models operating on the same philosophy of property. This chapter tries to find out whether there is conceptual coherence in the notion of property when the benefit sharing model changes. It alsocompares the merits and demerits of both the systems and tries to locate the hurdles in achieving benefit sharing. Aware of the legal impediments caused by IPRs in the process of ABS, Chapter 5 tries to explore the linkages between IPRs and GRs and associated TK and assesses why contract-based CBD system fails before the monopoly rights under TRIPS. Chapter 6 analyses the different solutions suggested by the international community at the TRIPS Council as well as the WIPO (World Intellectual property Organisation) and examines their effectiveness. Chapter 7 concludes that considering the inability of the present IP system to understand the grass root realities of the indigenous communities as well as the varying situations of the country of origin, the best possible way to recognise the CBD goals in the TRIPS could be better achieved through linking the two instruments by means of the triple disclosure requirement in Article 29 as suggested by the Disclosure Group during the TRIPS Council deliberations. It also recommends that considering the nature of property in GR, a new section/chapter in the TRIPS dealing with GRs would be another workable solution. |
| Description: | School of Legal studies,Cochin University of Science and Technology |
| URI: | http://dyuthi.cusat.ac.in/purl/2999 |
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| Dyuthi-T0979.pdf | (1.285Mb) |
| 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 |
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| Dyuthi-T1085.pdf | (2.174Mb) |
| 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: | India is a signatory to the United Nations Declaration of Human Rights 1948 and the International Covenant on Civil and Political 1966, the two major International instruments, building the foundations of the major democracies and the constitutions of the world. Both these instruments give an independent and upper position to right to privacy compared to right to freedom of speech and expression. The freedom of press finds its place under this right to freedom of speech and expression. Both these rights are the two opposite faces of the same coin. Therefore, without the right of privacy finding an equal place in Indian law compared to right to freedom of speech and expression, the working of democracy would be severely handicapped and violations against citizens rights will be on the rise It was this problem in law and need to bring a balance between these two conflicting rights that induced me to undertake this venture. This heavy burden to bring in a mechanism to balance these two rights culminated in me to undertake this thesis titled “Right to Privacy and Freedom of Press – Conflicts and Challenges |
| Description: | School of Legal Studies, Cochin University of Science and Technology |
| URI: | http://dyuthi.cusat.ac.in/purl/3770 |
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| Dyuthi-T1732.pdf | (1.411Mb) |
| Abstract: | The advancements in medical science and technology have proved to be a boon to mankind. At the same time they have raised numerous challenges before the legal systems of the world. One such advancement is that of assisted human reproductive technologies and particularly surrogacy, which have given a new meaning to the concept of procreation. These technologies have made it possible for individuals to beget a genetically related child with the help of a third party and without sexual intercourse. Among all the assisted human reproductive technologies, the practice of surrogacy, in which women agree to have their bodies used to undergo a pregnancy and give birth to a baby for another, has raised various legal and human right controversies and diverse legal responses all over the world. India has particularly become a top destination for individuals who wish to beget a child through surrogacy and hence it is imperative for the Indian government to address the challenges posed by surrogacy. This study is an attempt to examine the need and importance of surrogacy practices and the conflicting legal and human rights issues raised by surrogacy in contemporary times. It also examines the adequacy of existing legal framework in India and attempts to provide pragmatic solutions for regulating surrogacy and protecting the interests of various stakeholders involved in surrogacy. |
| URI: | http://dyuthi.cusat.ac.in/purl/5066 |
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| Dyuthi-T2129.pdf | (7.943Mb) |
| Abstract: | Domestic violence is a gender based violation of human rights having multi- dimensional repercussions in the well- being of individuals in family and society. The Indian legislation to protect the women from domestic violence is significant in providing a mechanism for enforcing positive civil rights of protection and injunction orders to the victims of domestic violence along with the existing remedies of criminal sanctions. However the Act was brought in the backdrop of an established tradition of cohesive and stable family setting. This, in turn, results in the emergence of new issues and challenges which necessitates deeper understandings of indigenous sociocultural institutions in India i.e., marriage and family. This study is an attempt to analyse the Indian law on domestic violence and to assess whether the law addresses and answers the problems of domestic violence effectively in the culture specific setting of India |
| Description: | School of Legal Studies, Cochin University of Science and Technology |
| URI: | http://dyuthi.cusat.ac.in/purl/3997 |
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| Dyuthi-T1806.pdf | (28.24Mb) |
| 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) |
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