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

Jan'17

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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Misleading Advertisements in India: A Comparative and Critical Analysis
Child Marriage in India: A Critical Appraisal
E-Consumer Protection: Problems and Perspectives
An Analysis of the Difficulties in Determining Jurisdiction in Land Matters: The Case of Cameroon
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Contents
(Jan 2017)

Misleading Advertisements in India: A Comparative and Critical Analysis

--Anita A Patil

The influence of advertisements on consumer choice is undeniable, and that is why advertisements should be fair and truthful. Misleading advertisements distort competition and of course consumer choice. Even after 30 years of enactment of Consumer Protection Act, 1986 and even after a paradigm shift from Caveat Emptor to Caveat Venditor, the manufacturers and service providers of all the sectors exploit the Indian consumers. The question that arises is whether advertising is a boon or a bane. There are always two sides to the coin. Advertising is a must for economic growth but should not be allowed to mislead or become a nuisance factor. Consumer must be aware of his rights, raise voice against exploitation and seek redressal of his grievances. Consumers’ consciousness determines the effectiveness of consumerism. It is the duty of the consumer to identify his rights and protect them. The Consumer Protection Act, 1986 does not have any provisions which specifically deal with misleading advertisements. However, they do prohibit “unfair trade practices” and provide for remedies for such cases. Advertisements may be brought under these provisions; however, they are not sufficient to deal with all the aspects of advertisements, which might require regulation. As opposed to India, a number of foreign legislations have specific laws dealing with advertisements. Hence, this paper aims to make a thorough, comprehensive, comparative and critical study of misleading advertisements in India, identify the hurdles to achieving the basic objects of the consumer welfare legislations to control misleading advertisements, and find out the solutions for the same in the Consumer Protection Bill 2015.

Article Price : Rs.50

Child Marriage in India: A Critical Appraisal

--Michael L Valan and M Srinivasan

The pernicious practice of child marriage is predominantly pervasive in India, despite valiant efforts by stakeholders of the criminal justice system to intercept it. Though India has ratified extensive international legislation and enacted its own to curtail this practice, the country’s pluralist nature is a barrier to the enforcement of such legislation. In India, social and cultural values hold their own in the community as against state-enacted laws, resulting in weak enforcement of legislation banning child marriage. The ground reality is that the official statistics at hand on child marriage reveal only the tip of the iceberg, primarily because a significant number of child marriage cases go unreported. In line with this, the present paper provides an overview of the problem of child marriage with inferences drawn from the statistics presented, and suggests measures to impede the practice of child marriage.

Article Price : Rs.50

E-Consumer Protection: Problems and Perspectives

-- Mahantesh B Madiwalar and B S Reddy

In today’s complex world and market place, we, as consumers, often run into problems. And the questions are: What do you about them? What are your legal rights as a consumer? Who do you turn to for help? Where do you find the needed information? How do you protect against fraud? Most of the consumers enjoy the benefit of the free flow of personal data. And also most of them do not realize the underlying mechanisms that allow it to take place. Time-conscious consumers have come to rely on customized products and services that require high-tech data collection, including obtaining quick access to credit, purchasing or selling stocks quickly, and checking bank and credit account balances easily. The convenience they rely on is largely due to the ease with which businesses can obtain, share, and transfer information. Information movement is easier because of computerized interactions among businesses. The computerized business builds large and sophisticated databases. Such database can easily help them to effectively target and expand the market for the products and services they provide. Also this information can easily be sold to and shared with others. Consumers’ personal data and financial data like social security and credit card numbers, bank and card balance, and buying habits as well as records of their online browsing activity are being used in ways that consumers cannot expect and also consumers do not know to whom their information is transferred and for what purpose. The development of information technology adds a new dimension to the distribution of personal information. The tremendous growth of information technology has created both positive and negative consequences. This paper examines those consequences.

Article Price : Rs.50

An Analysis of the Difficulties in Determining Jurisdiction in Land Matters: The Case of Cameroon

--Fonja Julius Achu

Land is an important aspect in a human being’s life. Therefore, problems or disputes which crop up from it should be settled by the judiciary. The 1974 Land Tenure Ordinance and its implementation decrees shifted the jurisdiction of land matters from the judicial tribunals to administrative boards. This has caused a lot of problems because most, if not all, of the members of there boards are not well versed with land law. This has hampered them from passing sound judgments in land disputes, thus leaving the disputing parties unsatisfied at the end of the judgments. This paper investigates the limits or problems caused by these administrative boards in settling land disputes. The paper does so through a reading of records mainly from documentary and internet search. The data thus collected constitutes the sources from which the law is drawn, stated and analyzed in the light of the stated aim of the paper. The results inter alia identify the problems and limits which the land consultative board, the inter boundary commission and the agro-pastoral commission face in the settling of some land disputes. The results also highlight the limitation of the boards in settling land disputes and the advantages of the courts in settling the same. The results are significant as they expose the gaps in the current law as it transfers the jurisdiction of the settlement of some land disputes to the consultative boards. The paper concludes with suggestions on where the law should go.

Article Price : Rs.50

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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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