Department Of Law

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Now showing 1 - 20 of 73
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    Acceptability of Judicial Activism in India Perspective
    (Universal Multidisciplinary Research Institute Pvt Ltd, 2016) Pathak, Puneet
    Although the debate on the judicial activism has been around since the days of Blackstone and Bentham.Thetraditional role of the judge has always been considered as that of an impartial arbitrator who hears the argument of both parties and renders justice without interfering in the debate of the matter. The changing attitude of the Supreme Court of India in its journey from Supreme Court of India to Supreme Court for Indians which shed their character as upholders of the established system legitimised the expending role of judiciary from mere arbitrator to a catalyst of social change and full fill the vacuum created due to passiveness of other organs of the government. The landscape of recent verdicts of Supreme Court clearly evident that it not only makes law in the sense of the realist jurisprudence but actually has started legislating exactly as the legislature legislates. In this background the paper intended to insights into the metamorphosis of judicial activism in India.
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    Access to Internet as Human right
    (The Legal Analyst, 2012) Pathak, Puneet
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    An Analysis Of The Working Of CCI in Reference To Abuse Of Dominant Position In Media And Entertainment Sector During 2009- 2017
    (Central University of Punjab, 2018) Verma, Pratibha; Pathak, Puneet
    Problem relating to abuse of dominant position by an enterprise is present in almost every country in the world. Dominant position is the position of strength enjoyed by any enterprise in the market. It enables him to function independently of the various competitive forces that are prevalent in the market, or affect its competitors or consumers or the relevant market in its favor. Earlier MRTP Act, 1969 was in existence to prevent the concentration of economic power to the common detriment; to control monopolies and to prohibit monopolistic, restrictive and unfair trade practices. But this Act didn't mention abuse of dominance, cartels, collusion and price fixing, bid rigging, boycotts and refusal to deal, predatory pricing etc. Moreover it didn't contain any express provision for the application of the Act on any anti- competitive conduct outside India and affecting Indian market in an adverse manner. On the basis of the recommendations of the Raghavan committee, government of India enacted Competition Act in 2002. Competition Commission of India is the nodal agency under the Act to deal with the problem of abuse of dominant position. It started its working in 2009. 868 cases have been filled in the Commission up to 2017 regarding contravention of the provisions of the abuse of dominant position. The present study analyses the working of CCI in regard to abuse of dominant position
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    An appraisal of Triple Talaq in India
    (2018) Kaur, Sukhwinder
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    Aspect of Plea Bargaining: Indian Perspective
    (2015) Mehra, Surender
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    Challenging Predictions of Uniform Civil Code for India: An analysis
    (2014) Kumar, Deepak
    The conception of Uniform Civil Code in India is a term mentioning to an primary Civil Law Code. The Uniform Civil Code brings the idea of the same set of civil rules for the citizens irrespective of their religion, caste, creed etc. Civil law administers the matters relating to marriage, adoption, inheritance, succession and so on. India has adopted the concept of secularism and thus such matters of the citizens are still governed by the personal laws of their respective group of peoples. It’s the mandate upon the state as a directive principle of state policy to propagate a Uniform Civil Code for the whole country. But even after 67 years of independence, it is just a distant vision leading to various doubts in the illumination of personal laws.
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    Clinical Legal Education as a Catalyst for Change in Punjab: Tackling Drug Abuse and Human Rights Violations
    (Ashdin Publishing, 2023-08-29T00:00:00) Yadav, Raj Kumar; Singh, Gyanendra Pratap; Singh, Paramveer; Rahul, S.K.; Verma, Vaishali; Chaud-Hary, Priyanka; Mittal, Aarushi; Bala, Madhu
    The paper explores the importance of Clinical Legal Education (CLE) in securing human rights and the relationship between CLE and drug abuse. Using a mixed study method, including doctrinal research and 400 direct interviews in Punjab State of India (Bharat), the research reveals that CLE can effectively combat drug abuse and protect basic human rights like life, education, food, and medication. The study highlights the need for due care and guidance in combating drug abuse, making students more professional, skilled, and knowledgeable having concern for the society. The social implications of this research are significant, as drug abuse is a significant challenge in our societies. The paper emphasizes the need for preventive education on drug abuse and the significant social implications of this research. Media also plays a crucial role in raising awareness and promoting a society that shuns evil and promotes good for all. � 2023 Raj Kumar Yadav, et al.
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    Contributions of Indian authors in the subject category law of the web of science core collection: A bibliometric analysis
    (University of Tyumen, 2020) Kumar, D; Singh, B.
    This paper presents a bibliometric analysis of research works in the subject category Law published with the affiliation of India in the Web of Science Core Collection. A total of 529 published works by Indian authors from Indian law schools and institutions on or relating to the subject of the law have appeared in law journals and other sources. The works are indexed in the Core Collection for the years 1999�2019 and have been cited 2,041 times over this 20-year period. To conduct the analysis of the published data based on norms such as author-wise, country-wise and citation-wise figures, normative bibliographic techniques were applied to attain the objectives. After a detailed discussion of the analysis of the data, the research arrives at the conclusion that Indian authors have fewer published works in the subject category Law in the Core Collection than two other Asian countries, but that there has been a gradual increase in their number since 2011. � 2020, University of Tyumen. All rights reserved.
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    Corporate Social responsibility and its compliance mechanism with reference to environment protection in India: A case study of National Fertilizers Limited, Bathinda
    (Central University of Punjab, 2018) Kaur, Gurveer; Chauhan, Deepak K.
    The concept of Social Responsibility can be traced back into the ancient times. It was discovered by various scholars that while doing any business transactions and for the smooth progress of trade and commerce the wider goals of public interest are taken into consideration. Jesus stated that wealth encourages greed and selfishness and it does not lead to the true happiness. Today's world is facing dramatic economic, social and environmental challenges. Business ethics are gaining more importance in business sector but their goals are an integral from the societies and environment with in which they operate. The environmentalists have always been trying to protect the environment from various human actions which are uncertain in nature. This approach of the environmentalists is in favour of development of society by adopting industrialization but in a sustainable way. Industries affected environment more than any other activities, therefore, sociolegal reforms are being adopted and efforts have been made to enact and amend various laws. These laws and policies have been made, keeping in view the problems of the increasing environmental pollution and lessen its effects. Some of the specific provisions in the laws have fixed the liabilities of Industries and like organisations to compensate or re-establish the actual or natural situation in the environment. To deal with those companies section 135 of the Companies Act, 2013 plays a very important role as it states Every company that would have net worth of Rs 500 crore or more, or turnover of Rs 1000 crore or more or a net v profit of Rs 500 crore or more during any financial year shall have to constitute a corporate social responsibility committee with a board consisting 3 or more directors, out of which one has to be an independent director. The CSR Committee shall formulate and recommend to the board activities to be undertaken by the company as specified in schedule VII. The amount of expenditure should also be recommended. The board should also monitor the CSR policy of every company. The policy and the activities are to be disclosed on the company's website. The board have to make sure that the company must spend at least 2% of the average net profits of company made during three immediately preceding financial years for its CSR policy. Company must give preference to its local areas for the spending of CSR amount. If the company fails to do so, then it must justify its reasons for not doing so. To conclude this all an interview was conducted though which it came to conclusion that National Fertilizers Limited Bathinda is working honestly to fulfil their responsibility towards society and the work done by them is appreciable. It is a direct advantage towards society.
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    Corruption and Human Rights in India
    (APH Publishing Corporation,, 2012) Pathak, Puneet
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    A Critique of Legal Framework on Pharmaceutical Waste : Implications of Health Care
    (Krishi Sanskirti Publications, 2017) Arora, Tarun; Tripta
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    Critique Of Power Of The Court To Refer Parties To Arbitartion Under The Arbitration And Conciliation Act, 1996
    (Central University of Punjab, 2018) Upadhyaya, Vriti; Arora, Tarun
    Tender is a process in which a competent authority of the government as authorised by it invites a bid which is generally in terms of contract law is an invitation to offer whereby the private participants makes their best possible offer to the competent authority and out of such offers best of best is accepted which is both economically and socially is in general public interest by this way the individuals are also give opportunity to develop more and more while trading with the government.
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    CSR In India: A Comparative Study Of Public And Private Companies With Reference To Section 135 Of Companies Act During 2014-17
    (Central University of Punjab, 2018) Kumari, Rambha; Pathak,Puneet
    avoid the possibilities of turning discretionary power into arbitrary power and the mal practices which may crop up in the procurement process. Though procurement process plays a very vital role in development of the country but yet India does not have any uniform law on it which could be applicable throughout the whole country beside the CVC guidelines and General Financial Rules. But now a days some states like Kerala, Rajasthan & Karnataka have framed the statutes to maintain transparency in tender process but still many are left behind.
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    Dawn of reproductive justice in India
    (Faculty of Law, Mody institute of Technology & Science, 2011) Arora, Tarun; Palkhiwala, Nani
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    Empowerment of Women for Sustainable Development
    (Mata Gujri College, Sri Fatehgarh Sahib, Punjab, 2014) Kumar, Deepak
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    Environmental Challenges in the Anthropocene: Space, Society and Laws
    (Uppal Publication, Delhi, 2018) Kumar, Deepak; Singh, Anupreet
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    Environmental Human Rights and The Public Trust Doctrine : An Indian Experience
    (Universal Law Publication, 2014) Kumar, Deepak