Indian Journal of Law and Legal Research
ISSN: 2582-8878 | PIF: 6.605
Indexed at Manupatra, Google Scholar, HeinOnline & ROAD
Volume II Issue II
August - September 2021
Advika M, Sastra University, Tanjore, Tamil Nadu
Arthi R, Sastra University, Tanjore, Tamil Nadu
Page: 1-13
Devadasis or Joginis were young girls dedicated to the service of temples. This system was widely practiced in southern India, where they had a rich artistic tradition of dance and music, and were protected by their royal patrons.
Page: 14-26
Snehal Bhatia, Symbiosis Law School, Noida
In today's world, business transactions are frequently complex, multi-layered, and require parties from multiple jurisdictions signing numerous agreements. As a result, the parties engaged confront a number of challenges in ensuring that the transaction's primary economic goal is met all the while preserving the interests of other parties involved.
Ranjini Ghosh, Symbiosis Law School, Noida
Page: 27-32
This judgement passed by the Supreme Court of India is indicative of the shift in the real estate industry following the introduction of RERA (The Real Estate [Regulation and Development] Act, 2016) which has resulted in the rights of the homeowners being safeguarded against the malice of builders and realtors.
Sayan Ghosh, Symbiosis Law School, Noida
Madhu Rana, PhD Research Scholar, GITAM University Vishakhapatnam, Andhra Pradesh
Page: 33-48
In present time, sustainable management of Electronic Waste is immerging as a huge problem and developing countries are the main target of this problem, as the Electronic Waste either dumped in the developing countries or their own management of the Electronic Waste is not developed as effective as in developed countries.
Shreyasi Nath, KIIT School of Law
Page: 49-51
This manuscript deals with the basic procedure of credit risk analyzation where, the bank needs to go through the thorough details of the borrower, in order to understand the capability of the borrower of returning or paying off the loans that has been taken by him. The process of credit analyzation helps in the proper conduct of the entire lending procedure of the bank, it gives the bank or the creditor a sense of security, which is an important element in the functioning of any financial institution.
Beenu Ken, Galgotia University
Page: 52-67
That is why corporate social responsibility is important for corporate governance.1 It is already known that CSR is based on self-regulatory principles linked to internal and external management of the company. On the other hand, the term ‘corporate governance’ indicates to an idea of company’s governance and management issue.
Srishti Roy Barman, Hidayatullah National Law University, Naya Raipur
Page: 68-80
A sudden outbreak of coronavirus has put the world at halt. There has been a continuous debate amongst legal scholars and foreign governments to suspend the patent rights amidst Pandemic. According to article 7 of TRIPS agreement, the objective of an intellectual property regulation is to bring a balance of rights and obligations. One of the many mechanisms is compulsory license under patents. India is a member of the TRIPS agreement.
Devesh Kapoor, Symbiosis Law School, Pune
Page: 81-84
As a process, interpretation is simply how the courts of law determine the connotation of a statute or a provision of a statute to apply it to adjudicate a particular case. 1 Salmond understood it as the process that the courts of law utilize to understand the meaning of a legislature by using authoritative forms in which it is expressed.
K. Vennela, Bennett University
Page: 85-98
The legal system is full of complicated words and it's no different to divorce. People may consider a divorce and/or are currently filing for one and hear the word 'disposed' It's a step of the divorce process. The case is known as "active" before the final divorce decree is signed. This is known as case status which applies to whether a divorce has been finalized or not.
Devamshu Behl, O.P Jindal Global University
Page: 99-102
Discretion is the power to decide or act according to one’s judgement when there are multiple options available1 and often due to either the emergency situations or due to the impact of the contemporary philosophy of ‘welfare State' as ours ,where the social contract2 is between the citizens and state is such that latter has to protects and promotes the economic and social well-being of the of the former, , a phenomenon generally discernible where a large amount of discretion is vested in the hands of the administrative authorities.
Ipkshita Singh, School of Law Christ University, Bangalore
Page: -103-107
The Supreme Court of India in its recent decision in Ghanashyam Mishra and Sons v. Edelweiss Asset Reconstruction Company (“Edelweiss”) observed that after the approval of a resolution plan, all the claims shall be binding upon the corporate debtor and unadmitted claims shall stand extinguished on such date.1 This judgement crystallizes the clean slate theory laid down in the case of CoC of Essar Steel India Ltd.
Sukanya Bhat, Symbiosis Law School, Hyderabad
Page: -108-120
A sexual assault which involves sexual penetration or sexual intercourse without the person’s consent is called rape. In most of the cases, the victims are elderly women. In some cases, the victims are children. Few victims have critical injuries and the assault has a serious impact on the victim - both physical and mental, causing severe trauma that lasts for life.
Vaibhav Kartikeya Agrawal, Advocate
Page: 121-131
The maxim of justice, equity and good conscience evolved from England in thirteenth century when traditional common law was in force in England from times immemorial. This principle was introduced to remove the defects in Common Law Courts. The rigidity of common law judges and the bulky procedure in Court of law forced people to approach the king for justice.
Aman Pandey, Faculty of Law, University of Lucknow
Page: 132-142
The Election Commission of India is an autonomous Constitutional body which is entrusted with the tough task of conducting elections in a diverse country like India. The Commission endeavor to conduct free and fair election across the country in respect of Parliamentary and State Assemblies elections and to safeguard this objective it has to weigh up number of unprecedented challenges.
Shreya Shukla, Galgotias University
Page: 143-153
An Independent judiciary is important for a free society and a constituent democracy. It ensures the rule of law and realization of human rights and conjointly prosperity and stability of the society. The independence of the judiciary is often assured through the Constitution however it's going to even be assured through legislations, conventions and different appropriate norms and practices.
Aditya Awasthi, Asian Law College
Page: 154-170
Prison as a place where treatment takes precedence over custody is said to be the foundation for Prison Reform. The main obstacle to Prison Reform in India is Overcrowding. It is first recommended that prison populations be reduced by establishing Local Custodial facilities for unconvicted offenders and by using community treatment alternatives to minimize short term prison sentences
Piyush Goyal, Asian Law College
Anushka Jain, O.P. Jindal Global Law School
Page: 171-174
It is important to deliberate whether we as a society have moral limits which value personal liberty and privacy. To what extent are we willing to compromise our morals as well as personal liberty in pursuance of justice? With justice as an end goal if we are willing to compromise the means in which we pursue justice, then is it really justice then?
Dr. B. Rajeswari, Professor, Saveetha School of Law, Saveetha institute of Medical and Technology Sciences (SIMATS)
Page: 175-190
Child prostitution and the sexual trafficking of children is humanities greatest crime. The number of children becoming involved in the child sex trade is increasing at an alarming rate. The age at which the children are joining the sex trade is decreasing quickly. The profit potential in the life of a child prostitution is huge. So it is the risk of disease and death.
Pranjal Pagaria, Symbiosis Law School, Nagpur
Page: 191-196
Personal laws have always been an integral part of our country, with multiplicity of cultures, religions, customs, beliefs, practices and usages, a conflict between these laws and Fundamental Rights comes naturally. The Apex Court has taken a variety of stances when it comes to adjudicating on the Personal Laws. The tussle between the Fundamental Rights and Personal laws has been there for decades now but with the change in time the decisions of the Supreme court portrayed its liberal and broad approach to ensure the Rule of Law and supremacy of Fundamental Rights.
Manvee Sharma, Rajiv Gandhi National University of Law, Punjab
Page: 197-208
The Indian response to hunger is not up to the expectations. Over the years, people have been dying of starvation in a country which is one of the world’s largest producers of food. People in rural areas do not have access to food because they do not earn enough and have large families thus, a meagre income cannot buy food for all. In fact, the subsidies or the incentives that are taken up by the government for the poor or underprivileged never reach them due to high corruption at administrative level.
Gargey Yadav, School of Law, Galgotias University
Page: 209-213
In this paper the author tries to explain access to justice in the context of cattle. The access to justice is not merely to move to courts, but is also to develop law in view of doing justice. This paper highlights the criminology and victimology aspect of animals.
Aneira Pereira, Our Own English, Sharjah
Page: 214-221
This article offers a fresh perspective on the effectiveness of anti-corruption legislation in India. Scholars seeking to evaluate the effectiveness of the judiciary and the executive in implementing the anti-corruption law should compare the number of people who have engaged in corruption relative to the number of people who have been convicted for the same as well as the number of corruption-related cases that have been registered versus the number of cases that have been tried.
Karan Phatnani, New Law College (BVDU), Pune
Page: 222-235
The Doctrine of Blending postulates a coparcener intentionally throwing his independently acquired property into the joint family stock so as to form a part of it. This article projects that there is no presumption that a Joint Hindu Family possesses any joint family property simply because it is joint, or that if there was a nucleus, any acquisition made by any member of the joint family is joint family property.
Soumita Bhattacharya, Bangalore Institute of Legal Studies, Bengaluru
Rahul Sharma, Vivekanand College of Law, Aligarh
Page: 236-250
Air pollution is widely considered to be one of the most important threats to the life of all human beings in the world. Air is rarely clean since certain gases, such as sulphur dioxide, hydrogen sulphide, carbon monoxide, volcanic and swarm pollutants, wind vapour, plant pollen, etc., are continually applied to the air by a normal cycle.
Sparsh Sharma, Aligarh Muslim University, Aligarh
Page: 251-257
In simple terms freedom of press can be defined as the freedom to print and publish what one pleases, without prior permission. A free press is very essential for the proper functioning of a democracy. It serves as a powerful obstacle to any abuse of power by government. The importance conferred to freedom of the press can be contemplated from the fact that in contemporary times it is called the fourth pillar of a democratic government.
Ashutosh Kumar, Assistant Professor, Amity University, Patna, Bihar
Page: 258-265
Even after independence Indian criminal justice is operating with colonial penal code with slight amendments. As even today we are interpreting the law of sedition with colonial interpretation. We all are witnessing how right to speech and expression often becomes tool of sedition by police which ends in filing of FIR and registering case of sedition.
Mihir S. Asolekar, Maharashtra National Law University, Aurangabad
Page: 266-288
It is hoped that every nation state in the world should conform to the so-called “universal human rights”. The United Nations Organization elucidates the terminology “human rights” as the “rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status.
Aneira Pereira, Our Own English, Sharjah
Page: 289-301
This paper aims to provide a comparative study of the problems faced by Intellectual Property Right holders in the EU and South Asia. A concept like intellectual property rights may seem to be international in nature or transcend physical barriers. But upon careful research and reviewing, we were able to find varying problems that intellectual property rights holders face in different countries.
Srinidhi Gautam, Our Own English, Sharjah
Diksha Garewal Das, Assistant Professor At School Of Law, Jagran Lakecity University, Bhopal
Page: 302-320
Trade Related Aspects of Intellectual Property Rights (TRIPS) provides a regime for the protection of the intellectual property rights and provides various mechanisms through which a country can ensure in providing protection to the owners of the property.
Anubhav Khastagir, Amity University, Kolkata
Page: 303-339
On 22nd August, 2017 the Supreme Court of India had deemed Triple Talaq to be averse to constitutional morality. Among the arguments that the Supreme Court relied on to invalidate talaq-e-biddat, or instant divorce, was that the practice was considered un-Islamic in even Muslim countries, many of which had abolished or reformed it.
Vrinda Lakshamanan, Bharatha Mata School of Legal Studies, Choondi
Page: 340-344
To throw light on the legislative competency of the bill, population control and family planning comes under the entry 20A of the concurrent list1, in which both the central government and state government can frame laws. More than that, the population issues are becoming a threat to the growth of the state hence seeks special attention for this matter. This is a critical analysis of the current population policy of UP.
Shivangi Singh, Department of Law, Maharaja Agrasen Institute of Management Studies, GGSIPU
Page: 345-359
Every country, whether developed or developing generally administers three categories of persons, viz. the citizens, stateless persons and aliens including refugees. The Constitution or the specific refugee legislation of a particular country, provides for the fundamental or basic human rights for each such category of persons and guarantees their protection.
Shaun Aaron Abram, Jindal Global Law School
Page: 360-365
Sanction and coercion go hand-in-hand, and both play a significant role in explaining the legality of the law. Hans Kelsen, an Austrian philosopher, believed that law is a normative science, in the sense that law is made up of a set of norms that form the coercive nature of law to which individuals should compulsorily comply with.
Abhijay Chakraborty, Assistant Professor, ICFAI Law School, The ICFAI University, Jaipur
Page: 366-372
Police plays a very important role in Criminal justice system across the world. Immediate help to the victim of the crime is the main purpose of the Police force. Not only immediate help, but also nabbing the accused of the crime, investigation of crime and set criminal justice system into motion is the main function of the Police.
Shivam Sethi, Department of Law, Maharaja Agrasen Institute of Management Studies
Page: 373-389
Self-determination refers to "the right claimed by a 'people' to control their destiny.” The right to self-determination is considered as one of the most important principles of international law. It is also yet most contentious principle of international law. The right is a powerful slogan and the most valid justification for providing independence to many people, to which the independence of colonial people is the most significant.
Harshita Kothari, ICFAI Law School, Hyderabad
Page: 390-399
Cryptocurrency - Digital Payment system is been found interesting in the business world. Transaction through batter system to coin system during the British India to Paper currency and now online transactions using Cryptocurrency- has been evolved a lot. New different ways of paying have been introduced and a lot of people are accepting it as it is easy and way safer.
Param Veer Singh, Symbiosis Law School, Pune
Page: 400-412
Since networking limits cross and transcend state borders, the contemporary Technological development generates ambiguities for sovereign territory. In this setting, quest to build rule of law in Digital Era has turned to jurisdiction over acts on the Internet.
Komal Shrivastav, University of Petroleum And Energy Studies, Dehradun
Page: 413-426
The prevalence of liberalization has marked an enormous change in the evolution of the trading system. It might be rightly pointed out that the evolution has emerged a concept of competitive environment amongst all the traders and the protection of which is quite viable in the protection of brands of superior quality.
Eshita Yadav, University of Petroleum And Energy Studies, Dehradun
Shubham Krishna, Indore Institute Of Law, Indore
Page: 427-438
The importance of witness is fundamental in criminal justice system of India. Their testimony plays a decisive role in reaching the conclusion of the case. Witnesses who are the crucial participants in the trial and regarded as eyes and ears of the court are turning hostile with unpredictable irregularity. The reason behind this is involvement of high profile personalities in commission of offences.
Rishika Gupta, Indore Institute Of Law, Indore
Dr. Samni Singla, Assistant Professor, Department of Laws, Panjab University, Chandigarh
Page: 439-467
This research paper focuses on the latest controversial aspect in the Climate Justice debate i.e., “Climate Refugees”. The paper brings forth the issue of climate refugees with the help of different studies conducted by various international institutions.
Sneha Mukherjee, Symbiosis Law School, NOIDA
Page: 468-474
The world of medical ethics, ethics of humanity and the principles related with right to life are intertwined with each other and are supremely valued in our nation and worldwide. However, none of these areas are free from the grey labyrinths that have to be explored in order to understand when the exceptions take the center stage in the human life and how to deal with such situations.
Priyal Gupta, Institute of Law, Nirma University
Page: 475-484
This article explores the history of data protection laws in India and further goes on to provide changes that can be made to the Bill or addition to subsequent rules, to make complete data protection a reality in India, in doing so it not only takes assistance from the current and proposed data protection laws in Indian jurisdiction.
Utkarsh Dwivedi, Institute of Law, Nirma University
Divya Chellam. P, Jindal Global Law School
Page: 485-491
Firstly, this chapter deals with the major aspect of why copyright cannot be claimed for recipes and just for cookbooks, with shreds of evidence and case laws. It notes the developments in cookbooks ranging from an ancient period till now.
Nandini Tewari, Symbiosis Law School, Nagpur, Maharashtra
Page: 492-498
Marriage is the essence under the tradition of Hindu. Irretrievable breakdown of marriage refers to a situation where one or both of the spouses are not willingly to live together. By adding irretrievable breakdown of marriage as a ground might affect the whole essence of marriage under Hindus as it is a religious sacrament.
Princy Raavee, Assistant Professor, Chhatrapati Shahu Ji Maharaj University, Kanpur
Page: 499-504
The development of a nation depends upon the nature and kind of its human resource. All individuals regardless of their strength and liabilities of personality and potential, contribute towards national development. Children are the valuable assets of our nation the future lies in them, and they should be given chance to bloom in best possible manner however, because of different social, economic, and psychological Factors they fail to prosper which leads to child delinquency.
Alan Baiju, Jindal Global Law School
Page: 505-509
This paper aims to delve into the use of PAS by the Indian Judicial System and further appraises whether the use of such a scientifically unfounded theory specially to determine simple custody matters proves to be detrimental for effective delivery of justice in India.
Krisha Gogri, Jindal Global Law School
Gopika Thakur, Bennett University, Greater Noida
Page: 510-525
The paper majorly focuses on the Writ jurisdiction under Article 32 and Article 226 of the Indian constitution. The paper initially talks about the types of reliefs available and the functions of these articles and then progresses on to discuss the limitations of these articles on the judicial courts of law.
Mridini Kulkarni, Jindal Global Law School
Page: 526-530
This article aims to discuss genetic discrimination and its implications in the Indian legal context. It explores the concept of genetic discrimination particularly in relation to the domains of health insurance and employment. Shortcomings of the current legal precedents about said discrimination are discussed, highlighting the need for all-encompassing legislation that addresses the gaps in the current setup.
Barkha, JEMTEC School of Law, affiliated to Indraprastha University, Delhi.
Page: 531-539
The Corona Virus Pandemic has again brought up the term "Vaccine Diplomacy". The path for Globalisation of health i.e. Global Health Diplomacy started in the fourteenth- century and has developed immensely over time. World Health Diplomacy further gave birth to Vaccine Diplomacy.
Arushi Anthwal, Assistant Professor, School of Law, NorthCap University
Page: 540-546
Artistic and creative liberties find a pivotal place in the modern day discourse on Freedom of Speech and Expression. Cinema creates a life of its own for it’s many consumers and is one of the key manifestations of the freedom guaranteed under Article 19(1)(a).
Divya Singh Chauhan, Advocate, Delhi High Court
Asmita Saha, Symbiosis Law School , Pune
Page: 547-553
Smt. Kala Kumari case revolves around Section 9 and 13(1)(ia) of the Hindu Marriage Act,1955 dealing with restitution of conjugal right and divorce filed by aggrieved one on being treated with cruelty. A socio-legal issue which is prevalent still and how the judgments have changed over time: what comprises of cruelty and how it is being determined on the basis of the case.
Anushka Bhattacharjee, Symbiosis Law School, Nagpur
Page: 554-565
Islamic law, also known as the Sharia law or Muslim Law, is the Islamic legal system and is spread throughout the world. Sharia means “the clear, well-trodden path to water” and is seen as an expression and belief of god. It signifies the Divine nature of the Islamic Community and lays down laws and rules which are to be followed very carefully.
Vaishnavi Gupta, Law College Dehradun, Uttaranchal University
Page: 566-577
Audi Alteram Partem is one of the principles of natural justice which means every party should be equally heard, i.e., given an opportunity to speak for proving that they are not guilty. Later in the article research scholars stated about the expansion of #METOO Movement and how it is raising a question on Indian law and principle of natural justice (Audi Alteram Partem).
Vanshaj Shukla, Law College Dehradun, Uttaranchal University
Deepti Sen, Bhimrao Ambedkar University, Lucknow
Page: 578-581
Abrogation of article 370 in august 2019 has been one of the highly criticized move taken by the government. In a democratic country the strength lies with the people of the nation and not in the concurrence of the governor who is the head of the state. The special status of the state was taken away in a rushed manner and cannot be equated with the presumption of the constitutionality.
Janhavi Hood, Symbiosis Law School, Nagpur
Page: 582-601
The concept or idea of Judicial Review was originated in the USA. And thereafter many countries followed the footsteps of USA and borrowed the concept of Judicial Review from them. India too has borrowed the Judicial Review doctrine from USA. This article presents a comparative analysis of the Judicial Review system of India and USA.
Ashika Seenivasan, Sastra Deemed To Be University
Page: 601-608
Sedition has been a used as a tool to curb voice against government and politicians. This article briefly introduces you all about what is sedition and tracks its origin dating back to its introduction in India. The constitutional validity of sedition in modern post-independence India is discussed along with arguments in favour and against section 124A of Indian Penal Code.
Rajat Jain, School Of Law, University Of Petroleum And Energy Studies, Dehradun
Page: 609-628
Freedom of Press is that issue which is most debatable not only in India but also across all the democracies in the world from the past few decades. Press is something which not only covers the General Information but also covers various aspects of Social, Political, Economic, Sports etc. Press is been considered as the Fourth Pillar of Democracy in India.
Dev Ahuja, Symbiosis Law School, Nagpur
Page: 629-636
This article suggests that analysis within the field of human rights, particularly legal human rights analysis, exhibits an inclination to devote lean attention to queries of methodology. This may be caused by the actual fact that human rights students usually square measure (former) human rights activists.
Anushka Jain, Alliance School Of Law, Alliance University, Bangalore
Page: 637-653
The concept of Rule of Law provides that no one in a state is above the law and everyone is equal in the eyes of law the thus mentioned provision is enshrined in the Indian Constitution under article 14 and article 15. But under article 5(1) and 5(2) the members of parliament are given an immunity from proceedings before any court in cases of anything said by him or any vote given by him in the parliament.
Yash Mahmia, Alliance School Of Law, Alliance University, Bangalore
Aishwarya. K, School Of Law, Sathyabama Institute Of Science And Technology
Page: 654-662
India has been witnessing a disturbing development of acid attack over the last decade. Acid attack is one of the emerging issues in India. It is a brutal crime which can be seen to cruel the deliberate utilize of tossing planned acid to assault another human being. Acid attack could be a world issue influencing all without discrimination.
Aravind. P, School Of Law, Sathyabama Institute Of Science And Technology
Yasha Sinha, School of Law, MIT- World Peace University, Pune
Page: 663-669
The world is changing at a higher speed in view of the upgrade of the innovations coming into the market each day or another. Inside and out this is changing the way of life of individuals in the ideal way and consequently one might say that we are pushing toward being improvement situated individuals.
Anik Barua, School of Intellectual Property Rights, Zhongnan University of Economics and Law
Page: 670-679
Competition law is hugely inestimable for market competition-related stakeholders. Bangladesh is rapidly growing in South Asia and also referring as an upcoming ‘Asian Tiger’ with a gross domestic product (GDP) growth of more than 5% in the last six years.
Pratyush, MIT WPU SOL
Page: 680-687
The Right to Information Act, 2005 (RTI) is a law enacted by the Parliament of India which is a part of fundamental rights under Article 19(1) of the Constitution. Article 19 (1) says that every citizen has freedom of speech and expression it provide an excellent output practical regime of right to information for citizens."
Bhawna Gandhi, Advocate, Delhi High Court
Page: 688-693
We live in a sad reality where violence against women is common, is known to even a small child. It is unfortunately extremely rampant in the reality known to us. It is pervasive; we hear about it, we even see it sometimes. It happens in every country.
Asmit Chitransh, LLM From Symbiosis Law School, Nagpur
Page: 694-719
The issue of the Right to Privacy in this pandemic situation has become a major concern for the citizens of the nation. Under Article 21 of the Indian Constitution of 1950, the security privilege is ensured. The breach regarding such issues was discovered when the legislature made it compulsory to download a mobile application “Aarogya Setu” App for the well-being of its kin during these crises.
Shashwat Awasthi, LLM From Symbiosis Law School, Nagpur
Jei Shrinivas Sridhar, Symbiosis Law School Hyderabad
Page: 720-733
Access to justice and a fair trial is fundamental and must be secured and granted to all persons accused of a criminal offence. Part of the right to a fair trial is the right to have access and to be represented by a lawyer of one's choosing. This is because the burden lies on the accused in the course of the trial to prove that they were not guilty of the offence charged with.
Mahima Sachdeva, Amity Institute Of Advanced Legal Studies
Page: 734-746
A curative petition under the Constitutional Law is the last resort in the Constitution which can help in saving of a life of an innocent and even of a criminal if that petition is much impactful that it can affect the jury and is convincible in such a manner that even the Court cannot reject it.
Ayushi Jain, National Law School of India University, Bengaluru
Page: 734-765
Health Insurance is a mechanism that protects people from unexpected financial burdens arising from unforeseen illness or injuries. It prevents out-of-pocket payments in obtaining health care services. The research paper discusses the Constitutional provisions that protect the Right to Health and prescribes an obligation on State to provide adequate health facilities.
Shreya Dhyani, School of Law, Galgotias University
Page: 766-776
The act of a person of unsound mind, also known as insanity defense or mental disorder defense, is a criminal tool used to exempt suspects from criminal responsibility. It is based on the hypothesis that the person was mentally ill when the behavior occurred and therefore they were not familiar with what they were doing.
Vinayak Balduva, Students at ICFAI University, Dehradun
Page: 777-785
In this article, the authors have tried to focus on the ill-practices happening in the society even though they are prohibited at a bigger aspect by the laws. Marriage is a vital part of society, a source of great joy and happiness a fresh start.
Sarthak Gupta, Students at ICFAI University, Dehradun
Simran Solanki, Students at ICFAI University, Dehradun
Kessia E. Kuriakose, NALSAR, Hyderabad
Page: 786-797
The seat of arbitration is an important aspect of party autonomy that refers to the substantive law that will be applicable to the arbitration agreement; it also gives power to national courts to get involved in the arbitral process and provide interim relief.
Anushka Agrawal, DSNLU, Visakhapatnam
Shubhangi Baranwal, Maharashtra National Law University Aurangabad
Page: 798-808
This Seminar paper is an endeavor to contemplate the degree and ambit of the open government and Right to Information Act in India as well other nations. Nowadays citizens are more attracted towards the openness of the government.
Aashita Nair, Symbiosis Law School, Pune, Symbiosis International (Deemed) University
Page: 809-826
The Transgender Persons (Protection of Rights) Act, 2019 was a consequential stride towards protection and welfare of transgender persons, promotion of transgender rights, and gender sensitization in India. The Act covers different aspects of the lives of transgender persons and aims to uphold their fundamental rights.
Ria Mishra, Symbiosis Law School, Pune, Symbiosis International (Deemed) University
Anshu Singh, Amity University, Kolkata
Page: 827-837
The Author, through this research work tries to analyse the provisions of the Indian Companies Act, 2013 relating to M&A and their impact on the mergers and acquisitions. She further focuses on the famous acquisition in India of the year 2020, the merger of Uber eats with Zomato pursuant to the Companies Act 2013
Sanchit Shrivastava, Damodaram Sanjivayya National Law University
Page: 838-847
It is a general principle of ADR that it is preferred over litigation because of the time period difference. The reason why we prefer ADR is because it avoids fragmentation before parallel regional and national courts. When we try to understand the scope of International Dispute related to IPR & to solve that matter with ADR mechanisms, it can be confusing as not all cases can be subjected to Arbitration.
Soumyadip Panda, Amity University Kolkata
Page: 848-865
The principle of strict liability as established in the Ryland vs. Fletcher case was considered to be concrete in Indian scenario till 1980s. However, Bhopal Gas Tragedy and Oleum Gas Leak case brought up questions in regard to the exceptions which are granted to the defendant under the principle of strict liability and compelled the Indian Judiciary
Vaibhavi Guruprasad Rane, LLM, O.P. Jindal Global University
Page: 866-872
Disagreements leading to disputes between States are inevitable under international law; however, what matters is that, as a civilized society we settle disputes amicably. While Article 33 of Charter of United Nations provides means of peaceful settlement of dispute, there are certain specialized forums, which ensure speedy, expert and dedicated service for international settlement of disputes.
Nandini Verma, BBA LLB Student at Symbiosis Law School, Pune.
Page: 873-881
The word lien originated from the French word “ligare” which means “to bind”, a lien can be defined as a claim to lawfully retain possession of a property belonging to someone else until he/she discharges the debt owed by him/her.
Princy Raavee, Assistant Professor, Chhatrapati Shahu Ji Maharaj University, Kanpur
Page: 882-888
The Constitution of India has incorporated the principle of equality in the Preamble, Fundamental Rights, Fundamental Duties and directive principles. The constitution of India not only grants equality to women but also empowers the state to make specials laws in the favour of women and children.
Priya Awasthi, Assistant Professor, Chhatrapati Shahu Ji Maharaj University, Kanpur
Debosmita Choudhuri, ICFAI University, Dehradun
Page: 889-895
The Paquete Habana Case is a landmark in the history of International Law, precursor to the development of subsequent pedestal of International Humanitarian Law. This case may be construed as a lawyer’s delight as it delved into newer concepts of international law pertaining to Prize of War determination.les. The constitution of India not only grants equality to women but also empowers the state to make specials laws in the favour of women and children.
Aviral Deep, ICFAI University, Dehradun
Aditi Shanmugam, Chettinad School of Law
Page: 896-905
If the Constitution is a vehicle of life, then Constitutional Morality is a crux of this life’s soul. The aim of this paper is to bring out the relevancy of the concept of Constitutional Morality in today’s day and age. The author wishes to explore this notion through the eyes of various legal luminaries before delving into the topic at hand: its contemporary relevance.
Kushagra Sharma, Bharati Vidyapeeth (Deemed to Be University) New Law College, Pune
Page: 906-918
The milestone document of United Nations i.e., Universal Declaration on Human Rights (UDHR) sets in motion the noble provisions laid down in its treaties to be implemented by the State parties. India, being a signatory to many treaties of United Nations
Pragya Kumar, Amity Law School, Noida
Page: 919-931
The right to life and personal liberty is guaranteed in Article 21 of the Indian constitution. Both the terms mentioned in the article, life and personal liberty, have broad and expansive meanings in the Indian constitution and are considered umbrella legislation
Tanushree Bakhshi, Symbiosis Law School, Pune
Page: 932-940
The issue of jurisdiction in a case of trademark infringement has been the subject of several judicial pronouncements. Recently, the Delhi High Court Bench ruled in favour of the Plaintiffs wishing to institute a suit in Delhi when the defendants had their registered office in Ahmedabad, and had been operating in other cities of Gujarat
Anshika, Advocate and Graduate from Chanakya National Law University (Bihar, India)
Page: 941-951
Feminism is a belief in gender equality on all levels, social, political, and economic. The main goal of feminism is to combat structural inequalities. Contrary to popular belief, feminism does not promote sexism against men. Feminism seeks equality, not female superiority.
Ross Robin, School of Legal Studies, CUSAT
Page: 952-968
Throughout history women have been victims of many stereotypes. The stereotypes that will be analysed here are the ideas that women are somehow inferior to men, the weaker sex, both mentally and physically; they are self-sacrificing mothers and wives and that they are dependent on men.
Stephine Rajeev, School of Legal Studies, CUSAT
Suhas Narhari Toradmal, Assistant Professor, New Law College, Ahmedngar, Maharashtra
Page: 969-979
Indian Supreme Court cases establishing new criteria’s for admissibility of scientific evidence and making trial judges the "gatekeeper" for such evidence. Similarly certain new pretrial issues posed by forensic science are discussed by the researcher.
Fayeza Farhana, Amity University, Dubai
Page: 980-999
Trial by media, or media trial is a circumstance in which the media, though press, print or even social media portrays the accused as the convict even before the court undertakes trial or arrives at a judgement.
Niranjan Rai, Amity University Mumbai
Page: 1000-1007
This case is one of the most Landmark Cases in Constitution Law after the Sajjan Singh vs State of Rajasthan1 and Shankari Prasad Singh Deo vs Union of India And State Of 2, which is IC. Golkanath Vs. The State of Punjab3. The case brought a new opinion, new thinking to the concept of Fundamental Rights. It overruled the Sajjan Singh and Shankari Prasad Case.
Shaik Amiyaa Mubinn, SRM School of Law, SRMIST
Page: 1008-1012
This Article talks about how the prisoners unlike the other citizens are not provided with the same rights specially right to vote. If this is a situation only in India or if there are any other countries following the same. If there are any countries that provide for right to vote for its prisoners, is it restricted to certain conditions?
Asha. J, Assistant Professor , NSS Law College, Kollam, Kerala & Research Scholar, School of Law, Alliance University, Bangalore
Page: 1013-1030
The journey and development of the coastal regulation zone (CRZ) law from 1991 to 2019 has implicated a number of environmental and developmental challenges. This law pertains to the conservation of fragile ecology and ecosystems surrounding all waterbodies such as rivers, creeks, lagoons, estuaries, coral reefs, mangroves, swamps, and backwaters.
Bhavi Shah, B.A.LL.B, ILS Law College, Pune
Page: 1031-1043
When the government liberalized the Indian economy in the 1990s, many Multinational Companies began to look at India as a viable market to lend to Indian corporations which lead to an inflow of foreign direct investments in India.
Shaivi Awasthy, B.A.LL.B, ILS Law College, Pune
Tanishka Pandey, Amity University, Lucknow
Page: 1044-1052
As the COVID 19 pandemic continues to affect the global economy, all aspects of business including Mergers and Acquisitions have been affected. A number of major deals of the world have been halted which might resume as and when things get stabilized. The impact of the pandemic is not only on the financial system generally but on quite a number of other factors affecting M&A deals.
Maitreyee Dubey, School of Law at University of Petroleum & Energy Studies (UPES
Page: 1053-1059
In recent days, society has raised the momentum against the portrayal of gender-based violence. On 1st July 2021, The BCCC, chaired by Gita Mittal, the former chief justice of Jammu and Kashmir High Court issued the advisory and said, “channels must exercise necessary prudence and caution while scripting, filming and editing such scenes and said any such scene must be accompanied by a disclaimer”.
Shruti Bohra, Gitarattan International Business School, GGSIPU
Page: 1053-1066
Gender identity has been a debatable topic for over a decade which came in limelight after the recent Supreme Court judgement. On 6 September 2018 a historic judgement was pronounced by the Supreme Court which decriminalized Section 3771 of IPC and consensual sex between two gays become legal.
Prakriti. M, NMIMS, Mumbai
Page: 1067-1077
The regulators of the securities market have always been looking for ways to promote transparency and fair competition in the securities market. High Frequency Trading is the highly sophisticated method of trading which indulges in the use of fast/powerful computer technology in order to execute large number of transactions in a matter of seconds.
Pushkala Srinivasan, Ramaiah College of Law
Page: 1078-1082
It is the dream of every parent to provide all the basic amenities and other essentials their children’s demand. Schools are considered as the first social institution which the child indulges in. Schools provide them with the knowledge, skills and other basic guidance of how to act in a society and succeed in life.
Rizlana Nazar PV, CUSAT, KOCHI
Page: 1083-1102
Organ transplantation, one of the greatest miracles in the history of medicine, has improved the lives of many worldwide. Yet the sanctity associated to this revolution has been tarnished by the various unethical practices that evolved duly.
Helen Mary Varghese, CUSAT, KOCHI
Derin Joy, JEMTEC School of Law (Affiliated To GGSIPU Delhi)
Page: 1103-1110
In India, families are structured in a uniform fashion. Property acts as a central force towards which members of the family gravitate. This paper analyses aspects of family settlement in India. It aims at making the layman understand how his or her rights can be achieved and how the various legal components of registration, stamping, tax evasion engulf in the settlement.
Chetan Trivedi, Research Scholar, Chandigarh University
Page: 1111-1123
There are various business structures in India. The Indian economy is a mixed economy with different small, medium and large businesses. Some of the organizations are owned completely by the government whereas, some of them are owned by the private sector.
Vidya Shankar, Amity Law School, Delhi (Affiliated to Guru Gobind Singh Indraprastha University)
Page: 1124-1139
A crucial aspect of the globalised trading system has been the ability to trade globally, through a seamless logistic network, transferring goods across international borders, and integrating engineering and technology from many regions of the world.
Shreya Chauhan, Amity Law School, Delhi (Affiliated to Guru Gobind Singh Indraprastha University)
Sanchita Namdev, Dr. Ram Manohar Lohiya National Law University
Page: 1140-1144
Artificial intelligence was initially developed to carry out simple calculations, take inputs from humans, and process. Gradually has taken a course of performing complex programming, creating software, and performing skills ahead of human thinking.
Sini Sunny, NMIMS University, School of Law, Hyderabad
Page: 1145-1153
In any coordinated society, right to live as an individual isn't guaranteed by meeting just the creature needs of man. It is gotten just when he is guaranteed of all offices to foster him and is liberated from limitations which restrain his development.
Akanksha Pandey, Law College, Dehradun, Uttaranchal University
Page: 1154-1160
Humans are not perfect, and they are bound to make mistakes, and so does their judgements can be mistaken and fallible. To correct this error in their judgement, the Code of Criminal Procedure, 1973 provides for the provision of “appeals” and “revisions”; so that the superior courts can correct the decisions of the lower courts.
Ananya Mathew, NMIMS, School of Law
Page: 1161-1172
The use of analytical instruments and methods by police officers in crime detection and the identification of suspected criminals/offenders aids in the establishment of a vital connection between the police force and the judiciary. Furthermore, It takes credible physical evidences into determining the criminal/innocence offender's or guilt.
Saifa Tazrin Rati, LL.B., University of Dhaka, Bangladesh
Page: 1173-1186
In a male-dominated society, it has always been difficult for women to overcome all the prejudices and make place for themselves. Until 1990, the GDP growth rate of India had consistently been less than 4% each year. Following a market slump in 1991, the Government of India immediately opened markets and initiated an economic liberalization program.
Tripti Bhaskar, University of Lucknow
Page: 1187-1193
It was first incorporated in Criminal Procedure and later ingrained in Part III of the Constitution of India under Article 20(3). A person against whom criminal proceedings have been instituted must be conceded the right to remain silent about the accusation. The privilege has been conferred upon the accused by the application of the doctrine of presumption of the innocence which is considered as a cardinal principle in the administration of criminal; justice.
Anil Kumar Gautam, Baba Saheb Bhim Rao Ambedkar University Lucknow
Sammata Sengupta, Hooghly Mohsin College, Burdwan University
Page: 1194-1203
LGBT is an umbrella term which includes people who identify themselves as Lesbian, Gay, Bisexual and Transgender. This term came into force from 1988 when activists started using this during their protests. This community is represented by a rainbow coloured flag also known as the pride flag.
Ishaan Bahukhandi, Amity Law School, Noida
Page: 1204-1211
As the science and technology regarding the structure and functions of DNA, RNA, and other genetic molecules evolve with time, it becomes important to understand and amend the previously existing laws regarding the same. Genes and other nucleic acid-based patents caused a lot of controversy around the world in the past few years.
Shivani Bansal, University of Petroleum and Energy Studies, Dehradun
Page: 1212-1221
Social Media plays an important role in our daily life in view of which the government has passed some new IT rules. The research project focuses on the topic of the new IT rules made by the government to avoid ,the transmission of obscene information, spread of disharmony, financial frauds, encouragement to violence, and public order and how the new guidelines bring change in the technology regulation space in nearly a decade and how the new IT rules affect our rights.
Chethan Kanderi, GD Goenka University
Page: 1222-1233
The article examines the concerns of Global Terrorism and its financing and FATF’s specific approach to the problem of terrorism financing. The FATF essence and content of the activity are also analyzed within the article. The FATF addresses the issue of financing terrorism from the broadest viewpoint, with simultaneous and effective strategies for countering money laundering and financing terrorism.
Sidharth Pramod, O.P Jindal Global University
Page: 1234-1241
Despite the fact that public interest litigation has fundamentally altered the conventional judicial position to allow the court to deliver justice to the people, it still has its own collection of issues. It can be observed public interest litigation has shifted from something fruitful to a tool that started being used as a Trojan horse carrying the negative shadow of judicial activism.
Kunal Kumar, Dr. Ram Manohar Lohiya National Law University, Lucknow
Page: 1242-1247
Market regulators and exchanges have proposed anti-fraud measures to increase supervision at the order level to deter "noisemakers" in the market. The new restrictions came into effect on April 5. The new method aims to prevent manipulation in the stock market. Excessive cancellation of large orders leads to price manipulation, which affects ordinary investors.
Tejas Tare, DES Shri Navalmal Firodia Law College
Page: 1248-1253
It has been rightly quoted quite frequently in varied situations, “There are two sides to every coin”, which in the context of this research paper would mean every such scientific development, crucial for advancement of the world always has two opposite consequences attached to it. Where on one hand, if the Artificial Intelligence systems are developed parallel to the human objectives of progress shall prove to be a great tool for the future.
Jesmin Banu Khan, Lovely Professional University, Punjab
Page: 1254-1264
Women are being victimized from the initial stage of the universe. The word ‘woman’ means –half of a man. The girl child is probably the most socially disadvantaged species. At every stage of her lifecycle—from conception to adulthood—she is especially vulnerable to human rights and abuses. Efforts have to be made to make them feel as they are assets not liability.
Pratyush, BBA- LLB, MIT WPU FOL
Page: 1265-1271
Environment degradation in India is causing a serious threat to overall ecological instability the major cause is due to variety of social, economic, institutional and technological factors. The major issue is massive population in India and its requirement which force urbanization and industrial activities abusing an overall factor into degradations of sustainability of the environment.
Shalmoli Ghosh, Amity University, Kolkata
Page: 1272-1275
With the advent of The Insolvency and Bankruptcy Code, 2016 (Hereinafter referred to as IBC or the Code), the Insolvency Regime witnessed a revolutionary change. IBC subsumed all the existing statutes related to insolvency and bankruptcy for instance, The Sick Industrial Companies Act, 1985 (SICA), The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), The Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (RDBFI Act)
Pathi Hrudaya Reddy, Symbiosis Law School, Hyderabad
Page: 1276-1288
Public health is of utmost importance to any nation. Medical institutions play an indispensable role in fulfilling the needs and requirements of citizens who are in need of proper health care. Medical practitioners contribute extensively to improve the functioning and quality of citizens’ lives.
Saakshi Sharma, NMIMS School of Law
Page: 1289-1295
Corporate governance is a system through which companies are directed and controlled. The Board of directors are made responsible for the company’s right governance. The shareholders too play a role in the governance of a company. The shareholders appoint the auditors and directors in order to satisfy themselves that they have a proper governance structure in place.
Utsav Srivastava, OP Jindal Global University
Page: 1296-1299
The appellant herein question is a contractor who was awarded a work contract by the DDA for construction of buildings but because of some circumstances the builders even after having all of their machinery ready at the site were not able to complete their work in time and finally there was a delay of 25 months from the stipulated date of completion.
Surya Somanchi, Jindal Global Law School
Page: 1300-1305
India has witnessed a rapid increase in business and commerce in the last decade. The nation’s exports and imports business are skyrocketing as the demand for Indian products is high all over the world. The proponents of business and commerce had to be governed by an overarching taxation law that requires the nation’s citizens to adhere to the procedural rules and penalties if necessary.
Suryansh Tiwari, Allahabad University (U.P)
Page: 1306-1320
With the growth of global recognition of trademarks, evolution of technology (cyberspace) the need for Protection of Trademarks, especially Well-Known Trademarks has increased. The goodwill and reputation of Well-Known Trademarks is generally not confined to specified geographical limits and they have trans-border reputation.
Manu Joseph G, Student, Post-graduation department, ILS Law College, Pune
Page: 1321-1335
According to World Health Organization at least one third of the world population does not have regular access to essential medicines. Public health and lack of access to essential medicines are global issues. This issue is multifaceted. Wide varieties of factors contribute to this issue, from inadequate health care systems to corruption.
Twesha Karnani, Symbiosis Law School, Hyderabad
Page: 1336-1348
In order to understand the term and concept of marriage, the legal as well as the sociological aspect needs to be considered. Marriage has always been considered as a union between a man and a woman. Homosexuals have been excluded and discriminated against all over the world since time immemorial.
Anusuya Ghosh, School of Law, KIIT
Page: 1349-1355
Still, in India, it is legal to sexually abuse a wife by her husband as it is not considered a crime. It is believed that marriage allows the husband to have a force sex with his wife in absence of her consent. Why is it so? If we look, there are more than 1000 cases regarding marital rape, however, it is not considered a crime in India.
Aastha Agnihotri, Advocate Himachal Pradesh High Court and PhD Research Scholar at Himachal Pradesh University
Page: 1356-1365
Originally the international community was averse to the idea of dual citizenship and emigrants had to make a choice between the citizenship of source country and that of the destination country. However with time dual citizenship came to be accepted among countries, though many still detest it.
C.M. Selvamuthu, Assistant Professor, Saveetha School of Law, SIMATS, Chennai, Tamil Nadu
Page: 1366-1381
The COVID-19 pandemic has had a big impact on everyday functioning, considerable measures being taken to scale back the spread of the virus. Schools and social avenues are placed on prolonged lockdowns, with people continuing to take care of physical distance. Adolescents and children have had to endure significant stress alongside handling developmental characteristics.
Vanya Agarwal, University of Petroleum and Energy Studies
Page: 1382-1401
The landmark judgement by a 9-judge bench in Justice K.S. Puttaswamy vs. Union of India (2017) recently recognized the Right to Privacy, including privacy in marital affairs, as a fundamental right envisaged under Article 21 of the Constitution of India. While this judgement is a victory in many areas of law, it creates a veil to protect the already undermined right of a married person of consent to intercourse with their spouse.
Anaya Mapari, Bharati Vidyapeeth Deemed to be University, New Law College, Pune
Page: 1402-1410
This article talks about how the Constitution of India provides a base for all other laws, including the Hindu Marriage Act of 1955. Despite the cultural diversity in India, the Constitution has managed to form laws for all religious, cultural and social groups. This article also establishes the relationship between marriage and divorce by explaining an excerpt from a book written by the renowned sociologist Pierre Bourdieu.
Ritwick Singh, Bharati Vidyapeeth Deemed to be University, New Law College, Pune
Page: 1411-1420
The Constitution of India provides a base for all our laws, rules and regulations which govern our country. These set of laws are applicable to each citizen despite their religious choices, gender preferences, etc. this article throws light on one such law that not only regulated the overall social lives of the majority population of our country, but also improved the cultural preferences of marriage in the individualistic perspectives.
Simranjeet Kaur, Amity Law School, Noida
Page: 1421-1429
Rape and sexual violence during wars is a very old tactic or strategy to threaten and embarrass the enemies. It is there in the history from a very long time. Sexual violence is not really related to sexual desire in the situations of armed conflicts rather it is linked to power, dominance and abuse of authority.
Aman Marwah, KES’ J. H. Patel Law College, Mumbai
Page: 1430-1435
The unequal distribution wealth, the circumstances a human being is present in, are the deciding factors of their decisions. A person is not impoverished by choice by due the circumstances. Everyone yearns to be wealthy. The present anti-beggary laws are not the way forward to remove begging from the society.
Arkaprava Dutta, LL.M at IMS UNISON University
Page: 1436-1453
The supreme Court of India made it clear and obvious by pronouncing the judgment on the issue of CCL in India that a criminal charge can be brought against a corporation as a distinct legal body even in the offenses where the prescribed punishment is imprisonment.
Vedika Goel, OP Jindal Global University
Page: 1454-1466
While e-commerce continues to flourish not only in India but also globally, the traditional retailers continue to suffer from the lack of a level playing field. With huge discounts as well as easy checkout mechanisms on such platforms, e-commerce is the new favourite for majority of the customers.
Vaibhav Kartikeya Agrawal, Advocate
Page: 1467-1470
The draft Industrial Relations Code 2019 is amalgamation of the Industrial Disputes Act 1947, the Industrial Relations (Standing Orders) and the Trade Unions Act. It has defined certain new terms and also amended existing provisions of the existing aforementioned Acts.
Komal Shrivastav, University Of Petroleum And Energy Studies
Page: 1471-1485
An era of misuse/abuse of corporations was once smoothly running with its exterminating capacity to erode investor faith in Indian economy with respect to various scams being handled in inattentive manner.
Aarthy.G, Assistant Professor, Saveetha School of Law, SIMATS, Chennai
Page: 1486-1504
The present study emphasizes the global impact of the e-learning process during COVID 19. The implementation of lockdown and social distancing has been enforced as one of the preventive measures to spread the coronavirus infection which has resulted in complete paralysis of global activities.
Rakshandha Darak, Alliance University, Bangalore
Page: 1505-1511
This paper consists of the case commentary on the case law, Kedar Pandey .V. Narain Bikram Sah. This paper has in particular concentrated on Article 5 and Article 173 of the Indian Constitution with special reference to domicile of origin and domicile of choice in this case.
Harshika Kapoor, ILS Pune
Page: 1512-1518
Millions of children around the world are absent from school, often because they are perceived as being too different. The right to education has been recognized as one of the most important aspects of a child's development into a fully functioning member of society. Gender, race, social class, ethnicity, country, religion, or disability can all be used to justify exclusion.
Aisha Saleem Khan, Jagran Lakecity University Bhopal (M.P)
Page: 1519-1525
We are presently living in the era where we spend most of our time over the Internet starting from online shopping to online transactions. Internet is the source which helps to connect us with the rest of the world, by giving us access to the information.
Devansh Gupta, Chandigarh University
Page: 1526-1543
“The husband cannot be guilty of a rape committed by himself upon his lawful wife, for by their mutual consent and contract the wife hath given up herself in this kind upon her husband, that she cannot retract"
Sheersh Dhodi, Symbiosis Law School, Pune
Page: 1544-1551
The facts of the case are such that the petitioner, Rejina Begum is the first wife of Bulmajan Ali, a tractor driver in the Irrigation Department under the government of Assam, who died on duty in 2010. The petitioner filed for family pension, but the state (one of the respondents) refused to provide pension to the petitioner in view of the fact that respondent no. 6 (the second wife of Bulmajan Ali) has also filed for family pension, owing to the petitioner filing a petition to be awarded family pension.
Ayushman Das, Ajeenkya DY Patil University
Page: 1552-1556
The process is basically to avoid the tax liability at a certain country that could prove to be a burden on the company. The company makes decision’s that could move liabilities from one country to another . Whereas Tax evasion on the other hand is outright breaking the law with deceitful means like non disclosure of income, inflating deductions or expenses, hiding money and asset misappropriation. The judges in the same case had stated that.
Riddhiman Borooah, Symbiosis Law School, Hyderabad
Dakshita Arora, UPES, Dehradun
Page: 1557-1567
In a world of globalisation and increasing cross-border trade, this paper seeks to emphasise the need to incorporate the UNCIRAL Model Law in the Indian legal framework on insolvency.
Srishti Dey, LLM, UPES, Dehradun
Page: 1568-1588
When McCarthy coined the term “artificial intelligence”, he meant the basics of machine learning. The algorithms building mathematical data to allow a processor make human-like choices, and make human-like predictions without any support of human emotional intelligence or human reasoning is what is labelled as computer intelligence.
Gauri Pande, Law Centre -1 , Delhi University
Page: 1589-1602
Justice is the desideratum of any civilized society. Ever since men began to recognize the charms of social associations and comprehended the vicissitudes of social life, they have been consumed in search of the meaning of justice and a widely accepted belief has been that it can be obtained only through Courts. That
Sanya Kapoor, Bennett University
Page: 1603-1607
Devananda Bharati, which is perhaps has always occupied a hallowed place in the constitutional history of our country. The case was popularly known as the Fundamental Rights case, and it is the most well-known constitutional decision of the Supreme Court. The landmark case involved a conflict between the Government and the Judiciary.
Srijeeta, B.ALL.B, Lloyd Law College
Page: 1607-1613
By the power granted under Article 1612, the Governor of Tamil Nadu issued G.O (Ms.) No.64 dated in 2018 through the Home (Prison−IV) Department, Government of Tamil Nadu. The order was schemed for considering premature releases of the convicted prisoner.
Aditi Sanjay Kamble, L.LM candidate at MNLU, Mumbai
Page: 1614-1619
The aim of this paper is to comprehend and understand the complexities of pre-emptive rights such as Right of first refusal(ROFR). The paper dissects the Amazon-future coupon deal and the legal battle that followed to understand how companies can have a tough time defending a pre-emptive right or call option.