LL.M Dissertation 2015-16
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Item Effective Corporate Governance in Public Companies: A Need of the Hour(National Law University and Judicial Academy, Assam) Poddar, Neha; Shrivas, Anand RamadharCorporate governance ensures transperancy, accountability and as a result protects stakeholders' cnfidence in the company. In this globalising era, the investors across the globe want to invest in those countries whose corporate governance mechanism is efficiently codified. In India, corporate governance has been incorporated in the Companies Act, 2013 and the Listing Regulation 2015. Through this amendments to the corporate laws , the corporate governance system in India have developed well.Item Corporate Insolvency Laws in India: Issues and Challenges(National Law University and Judicial Academy, Assam) Gupta, Deepshikha; Shrivas, Anand RamadharInsolvency is a state at which an individual, company, or other association can't meet its financial transactions or liabilities for paying their obligations to the creditors. Insolvency can happen when certain things occurs, some of which may include: poor money administration, increment in real money costs, or decline in income.Item Patent Protection of Living Organisms: A Comparative Analysis(National Law University and Judicial Academy, Assam) Bakhtiar, Sheikh Affan; Vats, Naresh KumarIntellectualproperty is the multilateral in its aspects and unilateral in its character, i.e., it is the form of intangible property. Under the umbrella of the intellectual property, the most common forms of property are patents, trademarks, copyrights, industrial designs and so on. They are the form of intangible property granting exclusively property rights in two aspects - one is the positive rights, and the other is the negative rights.Item Trafficking of Children in India: A Human Rights Approach(National Law University and Judicial Academy, Assam) Sailo, Lalzikpuii; Ghosh, GitanjaliTrafficking in Children is a global phenomenon and is not restricted to any geographical region or country. It is gross violation of human rights and fundamental freedoms of children. It infringes upon the child's physical and mental integrity, which are essential to the experience of human dignity and poses a significant threat to the child's life.Item Traditional Knowledge of Healers in Meghalaya: A Critical Study(National Law University and Judicial Academy, Assam) Lama, Bobita; Basar, TopiKnowledge rich countries especially developing countries such as, Thailand, Philippines and Brazil etc. has taken substansive step by enacting sui generis law because this knowledge are particularly important in developing countries as their rich endowment of TK and biodiversity plays a critical role in their health care, food security, culture, relegion, identity, environment, trade and development.Item Enforcement and Recognition of Foreign Awards in India: Issues and Challenges(National Law University and Judicial Academy, Assam) Srivastava, Prakhar; Dayma, DineshArbitration today has become important instrument for the settlement of disputes. It has been seen during the course of study, as to how, the process evolved from its rudimentary stage to its present position . Concept of the arbitration includes fulfilling the requirements of a valid arbitration agreement, arbitrable matter, laws that reflects on the process of arbitration and the constitution of the arbitral tribunal on whom success of entire process is dependent.Item Genocide: A Human Rights Analysis(National Law University and Judicial Academy, Assam) Mishra, Dhananjay Kumar; Basak, ChiradeepThe human rights approach regarding Genocide at world lenel is being debated. Different conventions are contextualize in the form of black letter of law to condemned the genocide or mass killing of the person by the policies of state or by political, religious and ethic interests of the people in the international societies.Item Cyber Obscenity: A Legal Analysis(National Law University and Judicial Academy, Assam) Devi, Rajita; Narayan, ShannuInternet was invented to facilitate departmental networking without any controlling measures. Criminals in cyberspace are aware about vulnerability of victims and problems of evidence to prosecute them. Elimination of cyber crime is not possible. Prevention and control of cybercrime is not only a national problem but also an international legal challenge. It is very difficult task which requires intensive study, research and co-operation and co-ordination at many levels.Item Insurance Business in India and fraudulent Practices: A Critical Study(National Law University and Judicial Academy, Assam) Goswami, Saranga Ballav; Pandey, HimanshuThe insurance contracts are the foundations for the social security. But on the other side behind the positive approach of insurance, many people take advantage of the same and turn it into a tool to secure certain financial gain through commitment of frauds. Insurance industry is growing and being chanted about like the new mantra, but still India is facing a huge loss in this sector because of the everyday increasing fraudulent practices.Item Infringement of Intellectual Property Rights in Cyberspace: A Critical Analysis(National Law University and Judicial Academy, Assam) Das, Himangshu; Vats, Naresh KumarWe are living in the age of ransformation and interregnum. The manner in which technology has changed life, society and the way it is impacting legal institutions, legal theories and jurisprudence make it crystal clear that the laws of cyberspacehave to be made clear so as to control intellectual property rights from the infringers.Item Bilateral Investment Treaties and Investment Arbitration: A Critical Analysis(National Law University and Judicial Academy, Assam) Singh, Ruma; Dayma, DineshInvestment arbitration is firmly established worldwide as a distinct discipline. For centuries, corporate, countries and individuals have used arbitration as a preffered mechanism for resolving their international disputes, a preference which has become even more pronounced in the past several decades as international trade and investment have burgeoned.Item Custodial Violence in India: A Human Rights Perspective(National Law University and Judicial Academy, Assam) Panth, Sunita; Ghosh, GitanjaliThe concept of human rights is the idea about defining the basic dignity and worth of human beings and their fundamental entitlement. It is human rights and fundamental freedoms that allow us to develop fully and use our human faculties, intillegence, talent and conscience. It is only through these faculties one can lead a complete life as incorporated in varous national and international documents.