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The IUP Law Review
ISSN: 2231-3095
A ‘peer reviewed’ journal distributed by EBSCO Database

Oct'16

Issues

The IUP Law Review is a quarterly journal focusing on various aspects of law and legal principles/issues relating to Cyber Law, Patent Rights, Copyrights, Insurance Contracts, Risk and Insurance, Banking Regulations (including Cooperative Banks/Rural Banks), Consumer Grievances, E-commerce/Internet Banking, Environmental Pollution, Public Policy, International Agreements and Treaties, Capital Markets, Mutual Funds, Secondary Markets, Medico-Legal, Socio-Legal, Arbitrations and Settlements.

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Prevention of Pollution Through Public Restraint: A Critical Appraisal of Odd-Even Formula in the National Capital Delhi
Industrial Disputes: Adjudication in India
Juvenile Delinquency in India: Prevention and Control
Consumerism: An Insight
Cyber Space for Universal Peace: The Contribution of Online Dispute Resolution
Angel Funds: The New Type of Alternative Investment Fund in India
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Contents
(Oct 2016)

Prevention of Pollution Through Public Restraint: A Critical Appraisal of Odd-Even Formula in the National Capital Delhi

--F A Rafiqi and Nusrat Pandith

The National Capital of Delhi has the dubious distinction of being the most polluted city of the world. The Supreme Court has voiced its concern in a number of cases regarding the need to control the pollution of the national capital by admitting a number of petitions through public interest litigation, which resulted in positive changes on the ground level. But the enormity of pollution levels is increasing day by day. The present Delhi government led by Arvind Kejriwal has decided to introduce Odd-Even formula to use private vehicular traffic on alternate days so as to prevent air pollution at least by 50%, warranting voluntary restraint by the public. This arrangement has been in vogue in some countries and has proved to be quite successful. However, it raises a number of issues related to freedom to choose, extra-legal actions by the authorities, overindulgence by the public at large in administrative affairs of the government, relegation of public duties by the state administration, etc. In this paper, an effort is made to conduct a socio-legal audit of this state action and its impact on prevention and control of air pollution in the National Capital Territory (NCT) and whether this practice could be used as a role model for the rest of the urbanized areas of the country.

Article Price : Rs.50

Industrial Disputes: Adjudication in India

--V G Ranganath

The adjudicatory authorities, viz., Labor Courts, Industrial Tribunals and National Tribunals, as provided under the Industrial Disputes Act are specialized Tribunals functioning outside the hierarchy of ordinary courts and are entrusted with the task of adjudication of industrial disputes. The concept of compulsory adjudication was statutorily ushered in with a view to providing a forum and compelling the parties to resort to the forum for arbitration so as to avoid confrontation and dislocation in the industry. If the legislature in its wisdom thought it better to provide for periodical payments rather than lump sum compensation, its wisdom cannot be doubted. The inhibition and difficulties which are being experienced by the legislature and the executive in bringing into force the amended industrial law, more due to judicial interpretation of the definition of ‘industry’ in Bangalore Water Supply and Sewerage Board case, need to be removed. The experience of the working of the provisions of the Act would serve as a guide for a better and more comprehensive law on the subject to be brought into force without inhibition.

Article Price : Rs.50

Juvenile Delinquency in India: Prevention and Control

--Mudasir Bhat

The field of juvenile delinquency has been an interesting area of study of this century. The expression ‘juvenile delinquency’ may be new but the deviant behavior of children is as old as the children themselves. Juvenile delinquency is not a problem of one country, it is a worldwide phenomenon. Despite intensive rehabilitative measures and special procedures for tackling the problem of juvenile delinquency at the national and international levels, there is a growing tendency among the youngsters to be violent and disobedient to law. This paper mainly focuses on the prevention and control of juvenile delinquency by examining the laws at national and international level.

Article Price : Rs.50

Consumerism: An Insight

--Irfan Rasool

Consumerism is a movement seeking to augment the rights and powers of the buyers in relation to sellers. It is a movement seeking to protect and inform consumers about their rights and duties. And consumer awareness requires consumer education. In other words, consumer education is directly proportionate to consumerism. It may be noted that many attempts have been made at international and domestic levels to encompass policies aimed at regulating the buyer-seller relation by adopting standards and methods which minimize the consumer grievances and provide a means through which consumer seeks redress and reparations. Against this background, this paper makes an attempt to explore the meaning and content of consumerism.

Article Price : Rs.50

Cyber Space for Universal Peace: The Contribution of Online Dispute Resolution

--Geetanjali Ramesh Chandra

Online Dispute Resolution (ODR) refers to many diverse and unique applications of conflict resolution online. This paper examines the tremendous growth of ODR, including its use by eBay and other e-commerce companies, and discusses its enormous possibilities, along with many employment opportunities for practitioners in the field. For those who see the value of technology as a critical building block in the future of dispute resolution, ODR will be an indispensable resource.

Article Price : Rs.50

Angel Funds: The New Type of Alternative Investment Fund in India

--Debmita Mondal and Apoorvi Shrivastava

Startup companies and emerging ventures often face difficulty in gathering funds for their business entities. A group of investors who are wealthy and who are interested in new business ideas having potential, always come to the rescue of such startup companies. These investors are angels who not only provide funds at the crucial beginning of an entrepreneurship but also help them with own expertise and contacts in the market. But the question that arises is: What do such investors expect in return and how different are they from the traditional lenders? This paper aims to study the concept of angel investors, their role in startup fund raising and the merits and demerits of angel investment in a startup. The paper gives an overall view of the concept of angel investors and angel funds and the Indian legal framework governing the same.

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Automated Teller Machines (ATMs): The Changing Face of Banking in India

Bank Management
Information and communication technology has changed the way in which banks provide services to its customers. These days the customers are able to perform their routine banking transactions without even entering the bank premises. ATM is one such development in recent years, which provides remote banking services all over the world, including India. This paper analyzes the development of this self-service banking in India based on the secondary data.

The Information and Communication Technology (ICT) is playing a very important role in the progress and advancement in almost all walks of life. The deregulated environment has provided an opportunity to restructure the means and methods of delivery of services in many areas, including the banking sector. The ICT has been a focused issue in the past two decades in Indian banking. In fact, ICTs are enabling the banks to change the way in which they are functioning. Improved customer service has become very important for the very survival and growth of banking sector in the reforms era. The technological advancements, deregulations, and intense competition due to the entry of private sector and foreign banks have altered the face of banking from one of mere intermediation to one of provider of quick, efficient and customer-friendly services. With the introduction and adoption of ICT in the banking sector, the customers are fast moving away from the traditional branch banking system to the convenient and comfort of virtual banking. The most important virtual banking services are phone banking, mobile banking, Internet banking and ATM banking. These electronic channels have enhanced the delivery of banking services accurately and efficiently to the customers. The ATMs are an important part of a bank’s alternative channel to reach the customers, to showcase products and services and to create brand awareness. This is reflected in the increase in the number of ATMs all over the world. ATM is one of the most widely used remote banking services all over the world, including India. This paper analyzes the growth of ATMs of different bank groups in India.
International Scenario

If ATMs are largely available over geographically dispersed areas, the benefit from using an ATM will increase as customers will be able to access their bank accounts from any geographic location. This would imply that the value of an ATM network increases with the number of available ATM locations, and the value of a bank network to a customer will be determined in part by the final network size of the banking system. The statistical information on the growth of branches and ATM network in select countries.

Indian Scenario

The financial services industry in India has witnessed a phenomenal growth, diversification and specialization since the initiation of financial sector reforms in 1991. Greater customer orientation is the only way to retain customer loyalty and withstand competition in the liberalized world. In a market-driven strategy of development, customer preference is of paramount importance in any economy. Gone are the days when customers used to come to the doorsteps of banks. Now the banks are required to chase the customers; only those banks which are customercentric and extremely focused on the needs of their clients can succeed in their business today.

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