Welcome to Kashmir Journal of Legal Studies Official Website, A Peer Reviewed & Referred Journal, UGC-CARE Listed journal
Author(s) : Dr Mohammadi Tarannum
In sections 467 to 473 of chapter XXXVI of the Code of Criminal Procedure, 1973, prescribes the time limits for taking cognizance of different offence as part of the procedure for trial of offences. To protect the accused from undue harassment, this statute of limitations barred late and dormant claims. In the case of less serious offences, such as those punished by a fine only or by imprisonment for up to three years, the Code has emphasized the concept of limitation. A judicial notice or knowledge, as well as the judicial recognition or hearing of a cause, is known as cognizance. In the Code, the term 'cognizance' is not defined. The first time it occurs in the Code is in section 190. Except when special provisions have been made to that end, the Limitation Act of 1963 does not apply to criminal prosecutions. In addition, the code contains limitations pertaining to the exclusion of time while calculating the limitation period.In this article meaning, basic rule regarding taking cognizance, exclusion of time in computing limitation and relation between Criminal Procedure Code, 1973 and Limitation Act, 1963 are discussed. Besides in the present article various judicial decisions on limitation for taking cognizance are mentioned. KeyWords : Cognizance, Bar to take Cognizance, Period of Limitation, Exclusion of Time
Author(s) : Dr. Yasir Latif Handoo, Imran Abdul Muizz Dar
In simply terms, Big Data is comprised of the private information of individuals collected from the internet in a very large capacity. The data in our phones or computers, and whatever, is stored on the applications and websites, collectively constitutes Big Data. The private data is collected from various websites and applications, and all of that remains open on the internet, for anyone to access it. Such information sometimes can be very personal and sensitive. The issue is that such data is used by different companies and institutions for the purpose of market analysis, customer analysis, political analysis, etc. Also this data can be used to commit fraud, intrude one’s privacy, election rigging, and customer choice for choice manipulation, and so on. Therefore, keeping the vulnerability of Big Data to any misuse by vested interests, this paper examines the meaning and scope of Big Data and attempts to investigate the existing legal laws in various countries. To build transparency and engender trust through good practices in protection and regulation of Big Data, the focus has to be on the need for a regulatory policy concerning the de-identification of personal information in India. Hence, this paper identifies need for the requirement of a legal framework in India to regulate and protect Big Data and offers certain suggestions and recommendations thereto.KeyWords : Privacy; Personal Data; Big Data; Legal Regulation & Protection
Author(s) : Seema Deshwal
In the international regime of commercial contracts, the emphasis is majorly laid on upholding the sanctity of contracts. Liability exemption for non-performance of the contractual obligations has developed from the principle of clausula rebus sic stantibus and although recognised under various names in different countries, its application is still considered narrowly. The international legal instruments promoting uniform guidelines to regulate international trade contracts such as United Nations Convention on Contract for International Sale of Goods (CISG), UNIDROIT Principles for International Commercial Contracts (UPICC) and Principles on European Contract Law (PECL), expressly refers to the concept of hardship and force majeure to address the problem of changed circumstances adversely affecting the international trade. In this paper, a comparative study of these international instruments has been undertaken to understand and analyze how the transnational legal instruments accommodate force majeure events and hardship and how liability exemption for non- performance of contractual duties can be sought under these legal instruments. The paper further aims to compare the force majeure provisions under these instruments to find out the most comprehensive provision. The paper also attempts to analyse if hardship is governed by CISG and whether provisions of UPICC and PECL can be used as supplementary principles to interpret Article 79 of CISG. KeyWords : Hardship, Force Majeure, Changed Circumstances, CISG, UNIDROIT Principles & PECL.
Author(s) : Dr S. A. Bhat, Dr. Mudassir Nazir
Effective governance is the fundamental in any organisation. Effective and credible governance leads to the better management. In the globalised world, and the growing corporate culture has increased the importance of corporate governance. A fundamental dilemma of corporate governance emerges from the debate concerning the extent to which each actor should be given ‘control’ to drive the company. On the inside, the Board of Directors (BoD) is the key player, yet factors like disproportionate control in Indian companies and prejudicial nature of internal controls system as witnessed in frauds like Satyam continue to influence and compromise the board’s independence. Problems created by the behaviour and influence of insiders like the BoD and outside forces and actors like influences of market for corporate control and disclosures and statutory auditing are resolved by certain internal and external control mechanisms instilled either by law or norms. This article seeks to present a corporate governance analysis of these inside and outside control mechanisms and highlight the deteriorating corporate governance practices in India vis-à-vis the ‘control’ in a company. The extent and importance of these mechanism are adjudged on the parameters of information, influence, and independence. Through a comparative analysis of presence and viability of such inside and outside control mechanisms in India and Germany, it is realised that besides some additional checks and balances in the German model, the contrast in board structure makes all the difference. As an aftermath of huge corporate scams, it is believed that the lessons and rules have been learnt and accepted only in letter and not in spirit. The corporate governance regulations fail to maintain a balancing act providing efficient safeguards as well as ensuring ease of doing business, thus suggesting a need for a collective conscience and for regulatory mechanisms to be modelled around best practices across the world.KeyWords : Governance, Corporate Constitutionalism, Responsibility