JEMTEC

Power of Search and seizure Power of search and seizure include right to enter into premises, search, inspection and seize the goods and documents etc..Such power shall be exercise with relation to goods, services and technology. Any government officer may be authorized to exercise power of search and seizure [1] .  With reference to goods such authorized officer shall enter into such premises where the goods are kept, stored or processed, manufactured, traded or supplied or received for the purpose of import or export. Such officer shallsearch, inspect and seize such goods, documents, things and conveyances connected with such export and import of goods. With reference to service and technology authorized officer shall enter into such premises where theservice or technology are being  provided, supplied, received   consumed or utilized and search, inspect and seize such goods, documents, things and conveyances connected with such export and import of service and...

Curative petition is a judicially formulated mechanism available to a party as the last recourse to approach the Supreme Court. The term Curative Petition was devised by the Supreme Court in Rupa Ashok Hurra v. Ashok Hurra and Anr. (2002) 4 SCC 388. The Constitution of India guaranteed that the Judgment of the Supreme Court is final and conclusive and is binding on all the parties of the proceedings.  The Constitution provides under Article 137 to file review petition before the Supreme Court if the appeal or any other proceedings is dismissed by the Supreme Court.  The situation of injustice caused to the litigant due to the infirmities in the order of dismissal of the Review petition is not addressed by the Constitution. To remedy such situation the Supreme Court evolved the remedy of Curative Petition formulated under Article 142 of the Constitution to ensure substantive justice. The Supreme Court in Hurra ’s case held that the curative petition is maintainable on tw...

Till the midst of 20th Century, the community world over was not very positive about the  plea bargaining as an effective tool in adjudication processes, and when discussions of the practice occurred, it usually was critical. It was purported to be heavily loaded in favour of the offenders and was taken as undermining the sufferings of the victim. However with restorative justice gaining wider acknowledgement and acceptance over the retributive justice in major part of the world, the concept of plea bargaining was gradually accepted and it became integral part of the criminal justice system in large number of countries, with USA as a classic example where almost 90% to 95% of the matters are settled through Plea bargaining In India, even after 12 years of implementation, the system of plea bargaining is, it seems and is, still in its experiment and developmental stage. The concept was introduced as part of reforms in existing Criminal Laws as Criminal Law (Amendment) Act, 2005 ...

Man today has made tremendous progress.  He has acquired vast material resources, powerful appliances and instruments.  There is no dearth of goods that make life comfortable.  Even luxuries are available in abundance.  But even then we find man in distress.  He does not find his life and property safe or secure.  Violence may erupt anywhere anytime.  Hence, fear keeps him deprived of the peace within.  Tension tends to prevail all the time due to one reason or the other.  Who is responsible for this state of affairs?  The answer is : 'Man himself' Along with the numerous achievement in the field of science and technology, he has made all kind of weapons also. We have bombs that can create havoc on the earth and in the air.  And human mind is so unpredictable that it may trigger any weapon any time anywhere quoting any reason.  Obviously that is what is keeping man under constant fear and tension.    ...

As the country moves towards a cashless environment after demonetization, the initial awe and confusion have given way to a flurry of concerns. Will the emphasis on online transactions provide convenience and tangible benefits or just add to stress and additional charges? To incentivize the move towards a cashless economy, the government has come up with a rash of discounts and freebies on digital transactions. But will these be substantial enough and, along with other benefits, counter the higher risk of identity theft once the currency notes are back in circulation? Here is a look of pros of the digital payments in the country: a) Convenience : The ease of conducting financial transactions is probably the biggest motivator to go digital. You will no longer need to carry wads of cash, plastic cards, or even queue up for ATM withdrawals. It’s also a safer and easier spending option when you are travelling. b) Discounts : The recent waiver of service tax on card transaction...

Uniform Civil Code is the alternative recommendation for distinctive laws based on personal laws of customs of the vast religious communities which exist in India. The UCC will codify matters relating to divorce, marriage, maintenance, adoption, etc. It is one of the Directive Principles manifested in Article 44 of the Indian Constitution. However, the Directive is not in contradiction with Article 25 of the Indian Constitution. There exists a misconception that the implementation of the Uniform Civil Code will invalidate one to practise his/ her own religion. The Uniform Civil Code has been an important issue in regard to secularism in the country. It was also a controversial topic after the Shah Bano Case in the year 1985 where disputes arose about unreformed laws of the Muslim Personal Law and the Sharia Law. Although India is a diverse country, yet orthodox thinking against women still exists, therefore women face problems due to the divergent laws for marriage, adoption, divor...

Whether you’re in your first or last semester of your law degree, everyone is always telling you that everything is important: you have to have effective public speaking skills, you have to have excellent writing skills, you have to network, and you have to have excellent critical analysis skills. All of these skills are useful, but having effective legal research skills is incredibly important to your success, not only in your law degree but also throughout your legal career. There are far too many cases, statutes and regulations for us to learn all of them at law school, but legal sleuthing skills will mean that you’re able to learn about new areas of the law and keep up to date throughout your career. Having Sherlock Holmes-like skills in legal research will also ensure that you are not wasting your time sifting through irrelevant information. You’ve probably been given a problem solving assignment or an essay during your law degree, for which Google didn’t have the answers, a...

Education is not only a process of cognitive development. It is a process of overall development of the child. The whole teaching learning process consist with three important components i.e student, teacher and curriculum. In the process of curriculum construction, evaluation and feedbacks are an important aspect to redesign the curriculum. Evaluation cannot be made on the basis of academic achievement of the students. Teacher should play an important role in the construction of curriculum as well as transaction of curriculum. Thus there is a need that teacher should take initiative to evaluate the whole education system as a Critical pedagogue. It is an ability to evaluate our teaching and the practices prevailing in existing education system critically in relation to methods and practices adopted by the teacher to teach concern pedagogical subjects. Ira Shor defines “ Critical pedagogy is habits of thought, reading, writing and speaking which go beneath surface meaning, first impr...

It has just been a fortnight when the President Pranab Mukherhee signed off on the 122nd Constitutional Amendment Bill for the introduction of the Goods and services(GST) regime, work on the next steps has begun. The GST Council is being led by the Union Finance Minister and with representatives from all the States had its first meeting on September 22-23, flagging off the process of determining the nitty-gritty of the new indirect tax system and resolving differences on crucial first-principle issues. Time is of the essence as just six months remain for the April 1, 2017 deadline that the Centre has set for ringing in the GST. Finance Minister, Arun Jaitley has admitted that the deadline is 'challenging', but going by the outcomes of the first meeting of the Council, it is doable. Apart from agreeing on the rules and timetable for its meetings, the Council reached a consensus on the threshold turnover for a business to be covered by the GST, Rs. 20 Lakh , which ensures that ...

Reaching to an end-system We are all familiar with the domain name and the IP addressing, when we access any website on internet we call by its name called “domain name”, the domain name is then converted to IP address for accessing that system. But IP address alone is not sufficient; we also need the physical address (MAC address) of the system. As it is not possible for a source system to know the physical address of all the destinations, the Address Resolution Protocol (ARP) was developed to enable communications on an internetwork. Layer 3 devices need ARP to map IP network addresses to MAC hardware addresses so that IP packets can be sent across networks. Before a device sends a datagram to another device, it looks in its ARP cache to see if there is a MAC address and corresponding IP address for the destination device. If there is no entry, the source device sends a broadcast message to every device on the network. Each device compares the IP address to its own. Only the...

Many pupils have a negative attitude towards mathematics subject due their poor performance. Generally people have fear for the mathematics periods, as a result, many people feel unhappy, if they have a mathematics class. For study, they do not make any effort to concentrate. The teacher needs to be careful for encouraging them through praise, gifts and motivation. We know that, there is a need to develop a love to learn mathematics by all students. This is the love for mathematics that gives to the children, a positive attitude rather than a negative attitude towards mathematics. To do this, mathematics should be taught pure practically and in a pleasurable manner. Mathematical truths, facts, principles and patterns are discovered by teaching mathematics. A discovery method and laboratory approach is highly recommended to teach mathematics. It is this type of learning of mathematics that leads to intrinsic motivation. To develop a positive attitude towards mathematics this type of...