Consentia on Business Laws and Constitutional Laws

ROLE OF PUBLIC POLICY IN CRIMINOLOGY

Social Sciences and crime issues are closely related, just as the disciplines of criminology bear close resemblance in their approaches to public policy. Criminologists have neglected the impact of economic conditions on crime, just as economists often overlook the social costs including increased crime of the policies they prescribe. Professionals in both fields subscribe to an overly simplified model of human affairs that has the effect of protecting society’s reputation while casting blame for society’s ills on the victims. At a time when Congress/BJP is facing critical decisions with respect to criminal justice policy, the participation of criminologists in the formation of these policies remains negligible. A commitment by criminologists to policy research that examines the links between social, economical and political conditions and crime would constitute an enlightened approach to crime control. Continue reading “ROLE OF PUBLIC POLICY IN CRIMINOLOGY”

Consentia on Business Laws and Constitutional Laws

APPEALS TO HIGH COURT

An appeal is a process by which a judgment/order of a subordinate Court is challenged before its superior court. An appeal can be filed only by a person who has been party to the case before the subordinate Court. However, at the death of such a person, his legal heirs and successors in interest may as well as file or maintain an already filed appeal in many matters. The person filing or continuing an appeal is called the appellant and the concerned Court is termed as the appellate Court. A party to a case does not have any inherent right to challenge the judgment/order of a Court before its Superior Court. Appeal can be filed only if it is specifically allowed by any law and has to be filed in the specified manner in the specified Courts. Continue reading “APPEALS TO HIGH COURT”

Consentia on Business Laws and Constitutional Laws

Compromising Sovereign Existence of States: An Adverse Influence of Globalization on Developing Countries

Introduction

With the advent of Globalization the lives of millions has been claimed to have improved by the way of increasing employment and improvement in the standard of living. Continue reading “Compromising Sovereign Existence of States: An Adverse Influence of Globalization on Developing Countries”

Consentia on Business Laws and Constitutional Laws

ABUSE OF DOMINANCE UNDER THE COMPETITION ACT, 2002

“Circumstances are beyond one’s control, but conduct is within our power” -Jesus Christ

Introduction

Competition is not defined in law but is generally understood to mean the process of rivalry to attract more customers or enhance profit or both, it deals with market failures on account of restrictive business practices in the market.[1] Continue reading “ABUSE OF DOMINANCE UNDER THE COMPETITION ACT, 2002”

Consentia on Business Laws and Constitutional Laws

CONSTITUTIONALISM VIS-A-VIS SOVEREIGNTY AND DEMOCRACY

Constitutionalism is a concept in political theory that explains that a government does not derive its power from itself, but gains its power as the result of there being a set of written laws that give the governing body certain powers. Continue reading “CONSTITUTIONALISM VIS-A-VIS SOVEREIGNTY AND DEMOCRACY”

Consentia on Business Laws and Constitutional Laws

RISE AND FALL OF DRACONIAN SECTION 66A: IN THE LIGHT OF SHREYA SINGHAL V. UNION OF INDIA

  1. INTRODUCTION

On 24 March 2015, the Supreme Court of India pronounced a long waited verdict on the constitutional validity of provisions contain into the Information Technology Act, 2000.[1] Continue reading “RISE AND FALL OF DRACONIAN SECTION 66A: IN THE LIGHT OF SHREYA SINGHAL V. UNION OF INDIA”

Consentia on Business Laws and Constitutional Laws

Critically Analyzing the National Judicial Appointments Commission Act, 2014: Replacing bad with the worst

Introduction:-

The long settled position of procedure of appointment of Judges of Higher Judiciary by the Collegium system has been modified by Exhibit P1 The National Judicial Appointments Commission Act, 2014 (Act No. 40 of 2014). Continue reading “Critically Analyzing the National Judicial Appointments Commission Act, 2014: Replacing bad with the worst”