Department of Law
Permanent URI for this communityhttps://ir.nbu.ac.in/handle/123456789/2864
The Institution was established as University Law College and was housed in the building of Arts. In the year 2000, it was upgraded to the status of a Department of University of North Bengal with a separate, distinct and prestigious location.
Browse
337 results
Search Results
Item Open Access Jallikattu Tug of War, and Indian Supreme Court’s Tango marking a Giant Leap in Reverse for Legal Personality of Animal kind(University of North Bengal, 2015-03) Bharti, SunandaThe article discusses how the landmark judgment of Animal Welfare Board of India (AWBI) v. A. Nagaraja (2014), delivered by Supreme Court of India was superior in content, spirit and wisdom as compared to the latest AWBI v. UOI (May 2023). The former declared bulls unsuitable for sports like Jallikattu and bullock cart races. The court had then emphasised the need to interpret the Prevention of Cruelty Act, 1960 (PCA 1960) liberally in favour of animal welfare. It also assumed the role of parens patriae, responsible for safeguarding the rights of animals. The court argued that animals should not be treated as mere property, but as sentient beings deserving of legal protection. Animals became legal persons as a necessary effect of that judgement, though the court did not declare the same explicitly. However, the latter judgement has reversed the progress made in animal welfare. The Supreme Court's judgment in Animal Welfare Board of India v. UOI, delivered in 2023, allowed the resumption of Jallikattu and similar bovine sports. The court based its decision on amendments made by Tamil Nadu, Maharashtra, and Karnataka to their state legislations, presuming that these changes eliminated the cruelty associated with these sports. The court emphasised the need to consider the amended rules alongside the legislation to understand their true effect. The article highlights the paradox between India's professed concern for humane treatment of animals and the prevailing practice of animal abuse. It argues that unless laws regarding the legal status of animals are revised, meaningful change in their treatment cannot be achieved. The writing concludes by stating that the recent judgment has undone the progress made since the Nagaraja case, jeopardising animal welfare in India.Item Open Access R. Venkataramani: Judgments By O. Chinnappa Reddy-A Humanist, International Institute Of Human Rights Society (Regd.) 1989.(University of North Bengal, 2019-09) Das, SagnikaItem Open Access A. Lakshminath: Judicial Process Precedent in Indian Law, Eastern Book Company, Lucknow, Third Edition 2009, Hardcover, ISBN: 978- 81-7012-180-0(University of North Bengal, 2019-09) Bandyopadhyay, SuparnaItem Open Access Functioning of Adjudication Machinery under the Industrial Disputes Act, 1947 in West Bengal(University of North Bengal, 2019-09) Dutt, Kallol; Biswas, Debasish; Sahu, Tarak NathThis study attempts to examine the functioning of adjudicating machinery under the Industrial Disputes Act, 1947 in West Bengal during the period from 1991 to 2015 i.e., entire post globalisation period. During the study period the mean rate of disposal per year is 16.4% which is quite low. Again, on an average, in 34 cases per year there are complaints regarding violation of award. If we deduct the cases of award violation, the effective rate of disposal comes to around 13.83%. During the same period the mean rate of award violation is 15.65% which is quite high. If the cases where the parties preferred appeal before higher Courts are considered the rate of disposal will fall further. The study shows that adjudication as a means of settling industrial disputes is not serving its purpose.Item Open Access Applicability of res judicata in the Public Interest Litigation, Arbitration and Income Tax Proceedings(University of North Bengal, 2019-09) Singh, GurpreetThe article discusses the applicability of the rule of res judicata in the situations where Section 11 of the Code of Civil Procedure, 1908 does not apply. The article also discusses the applicability of res judicata in public interest litigation, arbitration and income tax proceedings. Apart from this, a catena of the judgements of the High Courts and the Supreme Court are discussed on the rule of res judicata.Item Open Access Role of Central Armed Forces in Combating Cross Border Crimes: A study of Indian legal Framework(University of North Bengal, 2019-09) Choudhury, Joyjit“For to be free is not merely to cast one’s chains, but to live in a way that respects & enhances the freedom of others”. - Nelson Mandela Human trafficking is a criminal offence or a crime against humanity. It is a problem not only in SAARC countries rather it is a global issue. Human trafficking has become a multinational trade, making billions of dollars at the expense of millions and millions of victim, many of them includes young girls and children, who are deprived of their dignity and freedom. The porous border between India, Bhutan, Nepal and Bangladesh and lack of proper law for the implementation to combat human trafficking for sexual exploitation has led to the rise in the rate of trafficking. It has been decades since the SAARC has been formed but till today no such laws has been implemented to combat human trafficking in any form. Nepal , Bhutan and Bangladesh being the closest neighbors of India having similar demographic features, cultural heritage, economic stability, similarity of customs and traditions etc, have accounted to the human trafficking in the border areas and cross border areas which has become very difficult to control.Item Open Access National Bank for Agricultural and Rural Development (NABARD) Act, 1981: A Significant Effort towards Socio-Economic Development in Rural India(University of North Bengal, 2019-09) Dutta, SanjayNABARD has been established as a unique institution in India under the National Bank for Agriculture and Rural Development Act, 1981, which combines the roles of a central bank, a development agency, a financial institution, an infrastructure funding agency, a microfinance institution, a planning board and an apex-level policy maker. NABARD has taken various initiatives toward Sustainable Development Goals (SDGs), poverty alleviation and inclusive growth through increasing agricultural production, rural employment and Self Help Group (SHG)- Bank Linkage Programme. The establishment and participation of NABARD has been serving various fruitful purposes at the grass-root level which includes enhancing the health of the rural credit delivery system and strengthening the same since its inception.Item Open Access Groundwater Crisis vis-à-vis Sustainable Development: A Socio-Legal Exploration(University of North Bengal, 2019-09) Salgar, PratikISRO, World Bank, NITI Aayog and other authorities have alarmed India about serious Groundwater Crisis. NITI Aayog reports, till 2030 the demand for water will likely to be double the available supply and India is highest groundwater user at global level. The main reasons behind the crisis are: over-extraction, lack of legal restrictions and mismanagement of available resources. There are adverse social impacts which lead to social disturbance, violation of fundamental rights and other social setbacks. To combat this crisis and to achieve sustainable development goals, ‘Management’ of groundwater resources is the need of the hour which will ultimately result into ‘healthy’ society. The Judiciary has also contributed to this social illness through landmark decisions and guidelines which underline the performance of various authorities in connection with Groundwater Management. ‘Law’ plays a significant role by hitting all purposes which are to be achieved while fighting with this extremity. The Researcher here throws light and tries to analyse Socio-Legal perspectives of Groundwater Crisis and factors which are holding back ‘Sustainable Development’.Item Open Access Rape Survivor: A Victim Based Approach!(University of North Bengal, 2019-09) Baladhikari, Surja KantiRape survivors are often seen as a curse in the society where people start believing that the rape victim was herself into some fault for the commission of the crime. A victim of rape is ignored at every stage of a criminal trial at first when the crime is committed by showing the lack of security she has from the state which is equivalent to the respect a woman has in a society thereafter while registering the compliant with the law enforcement agency thereafter during the investigation, trial along with sufferings of being a rape survivor (victim) in the case. It is very important to acknowledge that it is upon the victim the offence is committed and she has to undergo the ordeals of the justice delivery system while she awaits for justice whether it is taking care about her interim needs to that of her present needs along with giving psychological attention to her. She has every right to know about the progress of her case along with a dialogue with the public prosecutor which often a denial as the criminal justice system is more inclined in protection of rights of the accused. It is also very important to analyze how far the victim compensation scheme which is not a statutory right under Section 357A2 has been applied uniformly across India. Whether the victims are getting interim compensation accordingly? The increase in punishment or making the laws more stringent than proper implementation is a victim centric approach or familiarising the victim and giving adequate representation in the criminal justice system is the right path?Item Open Access Cyber Terrorism and International Humanitarian Law(University of North Bengal, 2019-09) Sinha, SreoshiTerrorism, the most violent form of perpetration has existed since the inception of human civilization. Though the conventional motives have remained the same, the traditional concepts and methods of terrorism have evolved into deadlier forms with the advancement of modern technology. Information technology is one such area which has increasingly allured the terrorists over the years due to the garb of anonymity it offers to the perpetrators of terror. The increased reliance on information technology by the terrorists has significantly given rise to security dangers and hence this new menace became a major challenge to world security and the phenomenon that evolved came to be known as cyber terrorism. The disastrous impacts associated with cyber terrorism made it all the more impossible to be control or prevented. The issues of safeguarding against the threatening of such operations still remain uncertain. Hence the Geneva Conventions or the current Law of War remains relevant to cyber terrorism, but yet the precise points of pertinence remain largely unclear. My central argument would dwell upon whether the International Humanitarian Law or the Law of War would be effective in preventing this newest form of terrorism or not.