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Last Updated On : 11-09-2017

Articles

JKJ 2005 (2) J-5

A Note On Concept Of Human Rights

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1. Protection and Preservation of the rights of the individual and his free access to justice are indispensable in a civilized society. Its emphasis is more on Democratic set up, which is based on rule of law, where safeguarding human rights and assuring dignity of the individuals is the responsibility of the State. This has been admitted in our c...

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JKJ 2005 (2) J-1

A Note On Environmental Protection

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Environment plays an important role in day to day human life as well as in the development of the society at large. As the environmental problem went beyond political and geographical limits, its control became impossible with International Co-operation. With this objective, the United Nations Conference on Human Environment was held at Stockholm ...

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JKJ 2004 (2) J-1

AD INTERIM RELIEF Whether can be granted under the J&K Consumer Protection Act, 1987- A Viewpoint

Vishal Kapur (Advocate)

Now that the Consumer Protection Act, 2003 (Central Act) provides for interim relief to the consumer under S.13 (3-B), it becomes a question of debate as to whether the interim relief can be granted to a consumer by the Consumer Fora constituted under the J&K Consumer Protection Act, 1987 (hereinafter referred to as ‘the Act, 1987’ for brevity...

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JKJ 2013 (2) J-13

Advocates Are The Only Recognized Class Of Persons Entitled To Practice The Profession Of Law

By :- Dinesh Singh Chauhan (Advocate, J&K High Court of Judicature, Jammu)

Under the Advocates Act 1961, only advocates enrolled in India are entitled to ‘practice the profession of law’ - which includes not only appearing before Courts and giving legal advice as an attorney, but also drafting legal documents, advising clients on international standards and carrying out customary practices and transactions. The Advoca...

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JKJ 2015 (4) J-88

Appointment Of Judges

By:- S.S. Lehar [B.Sc.B.A.(Urdu) LL.B.] (Senior Advocate) J&K High Court & Supreme Court of India

Sh. S.S. Lehar, Sr. Advocate of J&K High Court & the Supreme Court of India, in response to the Public Notice issued by the Joint Secretary to the Govt. of India, Department of Justice, Ministry of Law and Justice, New Delhi seeking suggestions for improving the working of Collegium System in the matter of appointment of Judges in t...

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JKJ 2013 (3) J-14

BBCs Own Discussion And Treatment Of Election Broadcast About Parties In UK And India

Apurva Kirti Sharma

Public Service Broadcasting is one of the most important powerful instruments for promoting citizen’s democratic participation

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JKJ 2005 (1) J-1

Book Review--A Handbook Of Information Technology [ Cyber Laws And E-Commerce (2004)]

By:- Dr. Ajeet Lal (M.A., LL.M., Ph.D., Formerly Lecturer, Faculty Of Law, University Of Jammu, Jammu)

In recent years the subject of Information Technology has developed very rapidly due to invention of computers and has been given a tremendous importance. At global level the subject has received an enormous attention. This is why one find that a number of researcher have been undertaken in this part of the globe too on Information Technology rela...

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JKJ 2008 (1) J-3

Burden of Proof And The DOCTRINE of RES IPSA LOQUITUR

BANSI LAL BHAT (Presiding Officer, MACT (District & Sessions Judge), Jammu)

Liability for payment of compensation arises where an accident occurs resulting in causing of injuries or death to a third party. Apart from the liability of driver the owner of offending vehicle is vicariously liable for the acts of erring driver on the principle of Master’s liability for the act of his servant committed duri...

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JKJ 2006 (3) J-1

Cyber Crimes

By:- Pavit Singh ( Law Student, Law College Banglore)

Cyber Crimes are one of the most pretentious of the crimes that faces us today. Security in cyber world is one of the most sensitive issues in the scope of cyber laws. Cyber crime is an evil having its origin in the growing dependence on computers in modern life. The first recorded cyber crime took place in the year 1820! In a day and age when eve...

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JKJ 2004 (2) J-13

Discrimination To Female On The Basis Of Sex With Special Reference To Permanent Resident Certificate In Jammu & Kashmir

By:- Dr. Ajeet Lal (M.A., LL.M., Ph.D., Formerly Lecturer, Faculty Of Law, University Of Jammu, Jammu)

1. Introduction : The godfathers of the Indian Constitution while framing the Indian Constitution kept in mind the weak position of the women. So they made some special provisions in favour of the women in the Fundamental Rights Chapter of the Indian Constitution. Article 14 of the Indian Constitution provides equality before law and equal prot...

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JKJ 2003 (2) J-5

Female Foetus Vis-a-Vis Human Rights

Ajeet Lal (M.A., LL.M, Ph.D, Formerly Lecturer, Faculty of Law, University of Jammu, Jammu)

Human rights are inherent in all individuals because of their being a human, irrespective of their caste, creed, religion, sex, language, ideology etc. The human rights originate with the very birth of the individuals which are essential for the adequate development of the human personality, happiness and progress.

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JKJ 2011 (2) J-20

Freedom of Press With Reference To Media Trials In India

Aditi Khosla & Hafiz Gouran [4th Year Students of Gujarat National Law University, Gandhinagar]

Article 19(1)(a) of the Indian Constitution provides for the freedom of speech and expression. The Supreme Court of India, in Life Insurance Corporation of India v. Manubhai D Shah  observed that the “freedom of press” in Article 19 means the right to express one’s convictions and opinions freely, by word of mouth, writin...

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JKJ 2004 (1) J-1

Genesis Of Consumerism In India

By:- Dr. Ajeet Lal (M.A., LL.M., Ph.D., Formerly Lecturer, Faculty Of Law, University Of Jammu, Jammu)

GENESIS OF CONSUMERISM IN INDIA I. Introduction In the ancient time “Barter System” was prevailing in India. The term “Barter” means exchange of goods for goods. The farmers were producing maximum items from their fields and extra items they were Bartering for the things they needed. There was hardly any sale or purchase with money, because ...

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JKJ 2011 (2) J-1

Gifts Under Muslim Law And The Requirement Of Registration : An Analysis Of Legal Provision & Case Law

Faizam I Nazar [Independent Legal Researcher And Author]

Registration of some classes of documents is compulsorily required under the various statutes like Transfer of Property Act, Contract Act etc.

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JKJ 2006 (2) J-1

Investigation, Inquiry And Trial Under N.D.P.S. Act

By:- Justice (Retd.) O.P Sharma

Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the ‘Act’ hereinafter) is a Central legislation which extends to the whole of India including the State of Jammu and Kashmir. It creates new offences and prescribes special procedure for investigation, inquiry and trial of offences punishable under the Act. However, two recent judgmen...

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JKJ 2013 (2) J-21

Justice, Equity And Good Conscience: Origin And Present Application

By:- Burhan Majid (LL.M Final year student at Faculty of Law, University of Kashmir)

In India, the doctrine of ‘justice, equity and good conscience’ dates back to the late eighteenth century when introduced, for the first time, in the presidencies of Bengal, Bombay and Madras. The doctrine was later on introduced in the other territories of India also, albeit gradually. The general idea behind this doctrine was that if on a par...

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JKJ 2003 (2) J-17

Medical Negligence As Crime

Right to life includes right to health and health care under Article 21 of the Constitution of India. Thus when ever there is breach of this right and medical practitioner acts negligently, he becomes liable for medical negligence as a civil wrong. This issue has been the core of many a legal debate in the light of the inclusi...

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JKJ 2011 (2) J-9

Narcoanalysis And The Right Against Self-Incrimination

Faizam I Nazar [Independent Legal Researcher And Author] & Gul Afroz Jan [Teaching Faculty, Department of Law, University of Kashmir]

Reviewing Selvi & Ors. V. State of Karnataka (AIR 2010 SC 1974)

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JKJ 2012 (4) J-1

Patentability Of Computer Software In India: An Appraisal

Burhan Majid ( LL.M 2nd year student at Faculty of Law, University of Kashmir)

Intellectual property protection is generally granted for the benefit of both the creator of the property and public welfare. There is a three step process linking the public welfare with intellectual property. The first step involves expanding the scope of legal protection offered to the creator of a property by granting him ...

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JKJ 2012 (3) J-1

Persuasive Role of Foreign Judgements : An Indian Context

Burhan Majid ( LL.M 2nd year student at Faculty of Law, University of Kashmir)

The incumbent era is marked as an era of globalization of legal standards featured by the judicial dialogue between different legal systems build on similar values and principles. It has been observed that constitutional systems in several countries, especially those belonging to the common law tradition, have routinely been borrowing doctrines an...

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JKJ 2012 (3) J-5

Preamble to Indian Constitution: An Overview

Burhan Majid ( LL.M 2nd year student at Faculty of Law, University of Kashmir)

I. Since the birth of Constitution in India until now, much has been written and said about the preamble to it. This includes the decisions of honourable courts and writings of jurists. For example, there has been a controversy on the point whether the preamble is a part of the Constitution or not until 1973 in which year the ...

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JKJ 2006 (3) J-8

Problems With Enforcing Arbitration Awards

By:- Pavit Singh and Preeti Bishnoi (Law Students, Law College, Banglore)

Arbitration serves as an alternative mechanism of dispute resolution, as opposed to “conventional” methods such as submitting a dispute to an international or national court or seeking a negotiated agreement. The purpose of arbitration is to ensure effective, quick and consensual decision making process avoiding the arduous process of courts. The ...

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JKJ 2008 (3) J-15

Public Interest Litigation

Sanam Mansoor (Law Student)

‘Public interest litigation’ means ‘litigation for the protection of public interest’.

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JKJ 2005 (1) J-5

Right To Information Its Constitutional Validity

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1. Introduction For proper functioning of a democratic setup, full participation of the people in the Government is must, and to enable their participation “right to know” or “right to information” is a sine qua non. In a democratic setup, every Government of the State or the Centre is accountable to the people of the country and they have the ...

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JKJ 2003 (2) J-1

Sanction To Prosecute A Public Servant Under Anti-Corruption Laws

A Constitution Bench of the Supreme Court of India in a landmark judgement delivered in the J.M.M. bribery case titled P.V. Narasimha Rao v. State, 1998 Cri. L.J. 2930 : AIR 1998 SC 2120 ruled that Members of Parliament are Public Servants and are liable to prosecution under the Prevention of Corruption Act, 1988 and until the...

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JKJ 2009 (SUPP.) J-102

Section 377 of Indian Penal Code Vis-a-Vis Homosexuality

SHAHBAZ SIKANDER (Xth Semester, The Law School, University Of Jammu, Jammu)

The section 377 of IPC is intended to punish certain unnatural offences like sodomy, buggery and bestiality. The offence consists in having carnal knowledge against the order of nature by person with a man or in the same unnatural manner with a woman or by man or woman in any manner with an animal.
Section 377 IPC says,
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JKJ 2007 (2) J-1

Section 80 C.P.U & Govt. Apath

By:- Sh. M.K. Sharma (K.C.S (Judicial) (Sub Jugde))

The duty of State does not end with enactment of laws. The statutory provisions designed to bring about justice have to be supported by a system that enforces the rights and obligations thereby created. Section 80 C.P.C. provides the service of notice to the Govt. prior to the filing of the suit. However, in an urgent situation this notice can ...

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JKJ 2011 (2) J-30

Special Economic Zones (SEZs) And Investment Opportunities

Aditi Khosla & Hafiz Gouran [4th Year Students of Gujarat National Law University, Gandhinagar]

Special Economic Zones (SEZs) were established in many countries as testing grounds for implementation of liberal market economy principles. SEZs are viewed as instruments enhancing the acceptability and credibility of transformation policies, attracting domestic and foreign investment and also for the opening up of the econom...

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JKJ 2007 (2) J-2

State Accountability Commission, Act 2002 Its Jurisdiction, And Lagal Validity Of The Provisions As Contained In the Act.

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Object & Scope: With a view to provide just, responsive and clean administration, it is necessary to have such institution, which may enquire into the allegations and grievances against public men and persons holding civil posts in the State. With this object, Jammu and Kashmir Accountability Act 2002 came to be enacted. This Act has been exten...

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JKJ 2008 (1) J-1

Torture An Age-Old Heinous Human Practice

By:- S.C Sharma (Advocate J&K High Court Jammu)

Introduction Torture is an age old; its real age is a few centuries. It is as old as human beings. The oxford dictionary meaning of this word is “inflicting of severe bodily and mental pain or suffering e.g. punishment. Torture means ’human torture’. It results in human sufferings and pains. There are many types of torture; police torture, empl...

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JKJ 2008 (3) J-I

Vicarious Liability

Sanam Mansoor (Law Student)

The term “vicarious liability” does not indicate a distinct tort, but rather a process by which one person can be held liable for a recognised tort committed by another.

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JKJ 2009 (SUPP.) J-89

Violence Against Women-A Holistic Perspective With Special Reference To The Enactment of Domestic Violence Act In J&K State

BINDU SANGRA (LL.M (NET Qualified), PGDHR, Ph.D(Pursuing) Lecturer in Law, Dogra Law College)

It is often said that the status of w...

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