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Some Thoughts towards Law Reforms on the topic of Terrorism and on the topic of Dishonoured Cheques
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Some Thoughts towards Law Reforms on the topic of Terrorism and on the topic of Dishonoured Cheques

by Arun Mohan
Edition: 1st Edition, 2009
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Date Added: 2017-01-01
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Overview:

The topic of Terrorism, which is herein excerpted, is not an analysis of the statute or case law. This topic was written long before the recent Mumbai episode, and was revised in the aftermath of the unfortunate event. This work is more of an identification and analysis of the problem, and a collection of thoughts and proposals, which could be considered in formulating our policies in that regard. The problem being what it is, and the subject being one where a perfect solution will not be easy, it is clarified that these are only thoughts for the purpose of getting more minds to think and work together on what should be the reform in our laws to tackle the menace, increase the efficiency of the system, and generally reduce ciime.`Dishonoured Cheques` is the subject discussed in subtopic 3 of Topic 14 of Chapter 1 (Criminal Law and Procedures), which is titled `OffenceSpecific Tailoring of Procedures`. It takes a complaint case under Section 138 of the Negotiable Instruments Act for a dishonoured cheque as the basis for discussion, which begins from para 12 and continues till para 147. The remaining part of subtopic 3 also argues a case for offencespecific tailoring of procedures by taking the example of other offences and has not been excerpted. A companion note/discussion (from subtopic 3 of Topic 8 of Chapter 8) on the use of postdated cheques as security in replacement of the traditional promissory note, and also the misuse, has been excerpted thereafter.The contents of the work are just the thoughts that the author places towards reform in law and it is for the enlightened readers and others to use them as a platform to further develop them so that the collective effort on this score can help us as a nation to provide for ourselves the best of laws and systems.

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