JEMTEC

The Marxist concept of law differs entirely from the traditional concept of law. According to Karl Marx (1818-1883), law is intimately associated with the nature of the State. Karl Marx does not accept the traditional view that law is the expression of the will of the people in the democratic state like India. He is of the opinion that the present day democratic states are controlled more or less by the capitalists; hence the laws reflect also their will only. In the capitalist’s approach the Ministers/ leaders get support from the capitalists/Industrialist during the elections and later on the role is reversed .Now, the capitalists/Industrialist expect the reward from the leaders in the form of tax exemptions & Loanwaiver etc Therefore, in a class-society, law is the will of the ruling class. According to Andrey Vyshinsky (1883-1954) “Marxism-Leninism gives best definition (the only scientific definition) or the essence of law. It teaches that class relationship (and consequen...

Dr. Devi Shetty A study was done at Howard Business University in which it was said that Americans who were treated by Indian doctors lived longer than those patients who were treated by American doctors. Indian doctors are the best in the whole world because they have more compassion as well as compassion. Not only MBBS or MD doctors, trained nurses and medical personnel can also do the job of writing and treating basic medicines to provide affordable health services to all in the country. This is to say that Dr. Devi Shetty, the chairperson of the multi-specialty hospital chain Narayana Health and the country's top neonatal cardiologist. Priyanka Singh spoke in detail to Dr. Shetty, who advocated changes in health services to provide treatment to all. Here are excerpts from the conversation: • Nowadays, the fit India movement is being talked about. What is most important to keep the country fit - people's will, government efforts or money? The most important is willpowe...

  Smell marks is the type of non-conventional marks where the smell is attached to any goods or services or any class of goods or services , which plays the function of its trademark. The aim of the trademark law is to grant a monopoly over a good or service by allocating a trademark to it, which any other person cannot use it. Similarly the non-conventional marks are also playing the same role, in the present scenario; the researcher is dealing with the smell marks where the smell will have the monopolistic character, restricting every other person to use it. The most important factor that strikes in the registrability of the smell marks is the requirement of the graphical representation of the mark. According to the definition of the trademark under the trademark act, 1999 " trade mark means  a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, thei...

Murder is an offence against the Human body under the provisions of the Indian Penal code, it is an offence committed with the intention or knowledge to give a such bodily injury to any person that in all probabilities commits his death, the intention and knowledge is must to punish the offender punishable the murder in the provisions of the Indian Penal Code . Section 300 of the Act defines the term ‘Murder’ where as exception 1 of the Section 300 states that culpable homicide is not murder if the offender deprived of the power of the self control and the death of a person takes place in severity of grave and sudden provocation as unexpected and should be occurred within a short span of the time. There must be a relation between the provocation and killing of a person provoked. On 24 th January 2019 a judgment in the case of Nawaz v. State was delivered by bench comprising Justice Mohan M Shantanagoudar and Justice Dinesh Maheswari of Supreme Court of India observed that "Th...

India has during the last years has become one of the fastest growing economies of the world . The middle class is increasing, and it is now projected to consist of three hundred million. The economic growth is mainly explained by a liberalisation of the Indian market that due to extended foreign investments. India has distinguished itself within the global market of information and service sectors, but there has also been an immense growth within mass production. Environmental pollution generally has the largest effect on poor people and those who depend upon natural resources, such as farmers. The Indian middle class has grown during the last decade, but 40 % of the Indian population still lives even below the global poverty line. It is this group who will be distressed most fiercely by environmental degradation. Judiciary in India, the Supreme Court and the High Court’s played an important role in preserving the doctrine of ' Sustainable Development '. Parliament enacte...

The innovative, vibrant and dynamic youth is the most important section of the population . They show strong passion, motivation towards their goal and objectives.   This energy of theirs empowers them to be the most valuable human resource for swift development of a nation in various dimensions whether it is economical, social, cultural development.   Youth population of a country determines its potential and ability for growth. Youth is the huge resource in our country’s economy which needs to be tapped intelligently for the development of the society and nation.      Technology is also an important aspect for the development of a nation, along with the youth.   In our economy, the central government has understood and considered these two aspects for the nation development.   For the same, it has introduced “Digital India Movement: power to empower”.   The Digital India programme is a flagship programme of the Government of India with a...

David Miller in his erudite article on the Ideological Background to conception of social justice has defined the problem of social justice as that principle which should be chosen to govern the distribution of wealth, prestige and other benefits among members of society. He has propounded three criterions which have been evolved by various schools of thought to decide the issue. The first criterion insists on the principle of ‘ protection of acknowledgedrights ’. It corresponds to a model of society, which Miller has termed as ‘hierarchical order’. The chief advocate of this principal is David Hume. The second criterion subscribes to the principle of ‘distribution according to desire’. The corresponding model of society in this case is that of competitive market. The chief exponent of this model is Herbert Spencer. Finally, the third criterion is characterized by the principle of ‘distribution according to need’. This leads to the model of ‘solidarity community’. Kropotkin m...

Pharmaceutical industries are one of the major industries in India. They were popularly known for their ‘Reverse engineering process’ that is to say they used to decipher the product by different process and produce the generic version of the previous patented product. Before, Patent Amendment Act, 2005 as there was no product patent in India so, these pharmaceutical industries were able to produce the generic versions of the product. But after this 2005 amendment, product patent was introduced in the Act and with the advent of this product patent; it became difficult for them to produce the generic versions. As a result they were left with only two options, first either they can opt for voluntary license or they can opt for compulsory license. But generally the MNC’s resists themselves in giving voluntary license to generic companies as a result there was a huge problem being faced by these generic companies. The concept of compulsory license existed in the patent act from very beg...

Gender justice is the essence of the Indian democracy ; it stands for the equality of the status between men and women in all sphere of the society. It is the spirit of the social justice. On August 22, 2017 in the case of Shayara Bano and others v. Union of India and other historical judgment has been passed by the Hon’ble Supreme Court of India which declared the triple talaq as arbitrary and unconstitutional under the Muslim Law. The Judgment is based upon the gender justice who will prohibit the Muslim men calling off their marriage on a whim. And another judgment passed in the case of Indian Young Lawyer’s Association & Ors. V. State of Kerala & Ors in which the Hon’ble Supreme Court has permitted entry of women of all age group to the Sabarimala temple, because devotion cannot lead to the gender discrimination. Both the historical judgments are passed to protect the fundamental rights of the women as it violates their Right to equality which is provided in Article 1...