Law

Religious institutions in India are too rich in terms of their income through donations and treasures. But this wealth of the country is kept confined to the institutions itself. This paper explains the current scenario of Indian religious institutions by carrying out an empirical as well as the descriptive research on the topic. It will focus on the need of the hour for using these funds for the social upliftment and development. It will also emphasize whether nationalisation of these institutions is required or not. This paper also analyses that if the religious institutions are already under State control, then there should be a transparent mechanism in which all the funds collected through religious institutions are utilized. And it will also study that the funds need to be circulated in the economy for the boom of the economy. It has also emphasized on some international systems where taxes has been imposed upon the religious institutions for the development of the country and the institutions itself. Lastly, we would be discussing whether there is a need for imposing Aastha Tax in India. And what should be the nature of such taxes (if imposed) and their advantages and disadvantages as well.

This paper is concerned with the provision of Article 142 for the Constitution. Here attempt has been made to explore the expensive knowledge through the latest decision of the deliberately Supreme Court in the case of Devendra Singh Nagola vs Minakshi Nagia (2012) SC. The Constitution of this article made in "varying judicial responses to dissolution of marriage by mutual consent under the Hindu Marriage Act under article 142 S.C. can make order to do complete justice.

One of the main purposes of registration rules, prevent conflict and maintain order transactions, and thus secure immovable property transactions, it is valid to know the real transactions, and in order to achieve the mentioned goals, transactions above without adjustment official document, prestige and security of the above, will prevent. The purpose of registration laws and regulations, the ability to create order and security transactions. If transactions do not have the necessary security, and dealers can not freely to any who wish to, to actually make real estate transactions, so it seems, one of the main goals of the registration regulation, establish order and security of property transactions, block trades opposition is immovable property, and in this regard, to fix the problem, transactions must be done by adjusting the official document, both parties to the transaction, the transaction will proceed with confidence, and the transactions are in conflict prevention. In the present study will attempt to do the problems immovable property transactions, a common document to be examined, and strategies, and solutions are also reviewed and proposed.

Man as a social and political being tends to live and interact with his fellow beings in the society. He organizes his existence which is life, liberty and happiness as common good in the society. In this paper, Hart’s Concept of Law tries to argue for an accurate and concise legal positivism which brings the source of legal authority into acceptance by a system of rules which is grounded in a fundamental recognition that determines what is to be included among the legal rules. This seeks to offer an explanation to the concept of law differently from the popular utilitarian command which sufficiently describes criminal law, but is limited in describing legal system generally. It expresses the act of obligation which takes itself as a guide for behavior and holds the fact that law is to be followed than to be motivated by threat of punishment. To achieve this, Hart works out a form of legal positivism that reveals legal and moral connection at some points. In view of this, using the expository, descriptive, analytic and evaluative methods, the study established that, Hart’s exposition on law is beyond mere sanctioning, which involves imposing obligatory rules that characterizes a political society built on democratic principles.

Labor rights, in most cases, based on public order, public order in work law, including minimum and maximum that, in law and government regulations have been introduced, and the employer cannot, even with the consent of workers, through individual contracts, or agreements mass, at least reduce, the maximum increase. Review of the legal system, in the face of a situation that, freedom of contract is used to justify the imposition of systematic, widespread and unfair clauses in contracts has become. Public order and good morality, by limiting freedom of contract, may be in the process of labor contracts in the Iranian legal system, are effective. Study on the law applicable to the employment contract, taking into account the public order and good morals, using descriptive-analytic method and library study has been done, and the results, including that one of the consequences of the increasing the use of standard contracts, the inclusion of the conditions unfair contracts, particularly contracts of labor, corporations and businesses a strong economy, using the bargaining power of its superior design contracts unilaterally, and to win writing, these plans are full the covenants contained, the workers, or the weak contractual party, harmful and It is unfair, in law, worker protection entails certain rules, not dealing with unfair terms.

The failure of free market assumptions, which are preconditions for free operation of markets leading to welfare maximization, create concerns for consumers in relation to access, pricing, safety, quality and choice of goods and services. Consumer protection is therefore essential as a way of dealing effectively with these adverse effects of market failure from the demand side. Competition and consumers’ protection laws are generally accepted tools of consumers’ protection. Many countries have a long experience on competition and consumers’ protection laws. Though it is late Ethiopia has also enacted the Trade Practice Proclamation No.329/2003 in 2003 and the effective law “Trade Competition and Consumer Protection Proclamation No.813/2014 (TCCPP)” on March 21, 2014. This proclamation provides different rules aimed at enhancing competition and consumers’ protection in the country. It also establishes institutional frameworks for its implementation. However, the objectives of the law haven’t been achieved and consumers in Ethiopia are suffering from various abuses. This paper is therefore devoted to scrutinize the conditions of consumers in Ethiopia and the responsibilities of the government and companies towards enhancing the protection of consumers. It has been observed that consumers all over the country have been known to be victims of both producers and sellers in the market place. In most of the products offered for sale in the market are usually of low quality, high price and sometimes even a threat to life. It is argued that to improve consumers’ protection the government should reduce its direct involvement in the market, strength enforcement institutions, strength standardization and prior approval systems, and encourage consumers associations and Self-Regulatory schemes. Companies should also discharge their mandatory obligations and Social responsibilities (CSR); and involve in Self-Regulatory schemes.

In any Commitment, what is desired, the implementation is the same commitment, and the purpose of the conclusion of the Commitments of the parties, is to get the change. But also the implementation of commitment, in all cases, not useful, and sometimes resort to other ways the interests of the parties to the contract, to provide a more favorable way, is more appropriate. What the parties, foremost importance, benefits from its implementation, not coercion committed to doing the same commitment, after a long time. On the other hand, extraordinary indifference, the same commitment to performance, and extreme preference for other forms of compensation, the manner of compensation is also justified not acceptable, and does not pay attention to the shared objectives contract. Ambiguous nature of some of the topics in the science of law, can determine the effects of their sentences, to be involved, so defining and analyzing the concepts and determine the legal nature of these topics, much the work of a lawyer, is formed. This study aimed to examine, evaluate and analyze the rules governing the obligation to work Payment, by submitting's action. Although the Civil Code, Article 214, "action" and "yours" and, Handsome each contract, and consequently the "surrender of property" and "take action", the difference is established, but according to the principles of civil law, and with regard to the property of "action", in our law, it seems, do the subject of the contract, the property was an act of submission, and subject to the provisions of it. Accordingly, it can be submitted using the general rules of property, to the extent shortcomings in civil law and civil law, and the legal literature of Iran, on the rules governing the obligation to take action, be overcome.

Over the past one decade, the Indian Aviation sector has moved from being a closed, poorly managed and excessively regulated industry to a more open, liberalized and investor friendly sector. The growth in this sector has been threatened inter alia by a lot of challenges such as high fares, high operational costs, global slowdown and security and law and order issues. According to the estimates of Centre for Asia Pacific Aviation (CAPA) by 2020, Indian Airports in all probability be able to serve over 100 million passengers every year. The figures revealed by the Ministry of Civil Aviation also indicate that the number of International passengers are expected to increase to 50 million. In such a scenario, it is important to maintain a fool proof security paraphernalia which is capable of adequately dealing with the rapidly changing techniques adopted by the terrorists groups. The security mechanism in the aviation sector needs a reconditioning to bring it in tune with the constantly evolving terror issues. The Aircrafts Act has become obsolete, it does not contain any special provisions with regard to the security of the Aircrafts, it is often felt that a comprehensive legislation pertaining to Civil Aviation Security is required for setting up a legal framework to inter alia provide for deterrent punishment for such offences, a specially trained task force for dealing with such contingencies and a summary disposal of such cases. The paper makes a humble attempt to suggest the procedural and legislative changes in the light of the civil aviation security laws of the other nations. A critical analysis of the current law has been done to show the various anomalies present therein. It is the objective of this paper to suggest a reconciliation between the interests of the passengers and the security of the state.

In 2000, an MMS Scandal featuring a minor girl from a South Delhi Public School performing oral sex on her classmate was leaked online. The clip was reportedly put up without the girl’s consent. The scandal started a dangerous trend of video recording of intimate moments and uploading them on the Internet due to the monetary benefits associated with it or the ‘kick’ derived by a jilted Male partner in tarnishing the reputation of the female participant. The IT Law which was in its nascent stage at that time showed its total inability to counter this problem. A decade hence and after a comprehensive amendment to the statute, the Cyber Law in India still shows an eerie inability to prevent or punish such acts. Apart from this, women in the cyberspace are vulnerable to a variety of crimes such as Identity theft, Cyber Morphing, Obscene messaging, Cyber Defamation etc. Usually, the victim has little or no recourse against the criminal since such crimes are committed anonymously. This coupled with an untrained police, onerous enforcement mechanism, and lack of technology to undo the cyber attack and most importantly the stigma associated with the event leaves Women disempowered in the Cyber Space. Also, the patriarchal setup of the society sees them as a willing participant rather than a victim to the crime. The Anara Gupta Sex Scandal Case is one classic example of how difficult it is for a victim of Cyber Crimes to get justice in India. Against the foregoing backdrop, the paper will analyze some pertinent loopholes in the Cyber Law in India. The paper also attempts to suggest some structural reforms apart from the amendments in the substantive Law which need to be incorporated to improve the situation which is otherwise grim.

Public administrative contracts, including contracts that are certain, due to the independence of administrative contracts, private agreements, principles and specific rules, their actions. This type of contract is generally subject to public law, and the rules governing aspects are mandatory. The treaties state that the purposes of protecting the public interest and provide public services followed, mostly private party on the one hand, and on the other hand the government is present. After the conclusion of the treaty, each party administrative and employer, will have obligations that may be one of the causes of the collapse of the termination of the obligations, of course, from the employer cited. Review existing laws and regulations, we find that the terminate right contracts, to the violation administrative , by virtue of Article 46, Treaty and the general conditions prevailing circumstances, by virtue of Article 48, the general conditions of the Treaty, is applicable. In the first case, which is based on the current contract, the provisions are relatively clear, but in the second case that, in the context of the general conditions of the Treaty, the term "termination" is used, without fault of the administrative , the employer, according to your best interest, or other causes termination of the treaty. The analysis of this vote, it is important that the termination of the interest and the common good, a terminate right the widespread that way for abuse of authority leaves open because the public interest concept is general and vague that content it's not material judicial supervision, usually the court, the regulation of termination, monitor. On the other hand, the concern of the highest public interest and public service delivery in this type of contract, justify the granting of preferential jurisdiction, the employer is government.