Indian Journal of Law and Legal Research
ISSN: 2582-8878 | PIF: 6.605
Indexed at Manupatra, Google Scholar, HeinOnline & ROAD
Volume IV Issue III
June - July 2022
Evolving And Dynamic Facets Of Extant ‘Laws Of The Land’: Analysis From ‘Legal Jurisprudential’ Lens
Samrat Bandopadhyay, Joint Director, Central Government Civil Services Officer, Group A, Government of India
Page: 01-09
This article is an attempt to delve into the intersections and interspersed areas which are inextricability connected from the perspective of law, economics, management, psychology, sociology and philosophy.
Naina Gupta, Judge, Delhi Judicial Services, NALSAR University of Law, LL.M. (Kurukshetra University)
Page: 10-23
The power of a Magistrate to grant bail in cases of non bailable offences is restricted if the offence is punishable with death or imprisonment for life. As per section 437 of the Code of Criminal Procedure, it is unambiguous that a Magistrate cannot grant bail if the accused is charged with an offence punishable with death or imprisonment for life.
Tanushree Das, LLM (International Law), Chandigarh University
Page: 24-31
The enforced disappearance and extrajudicial killing are undoubtedly two of the most odious Human Rights violations. Victims of these violations are stripped of all their rights and privileges, and are placed defenceless in front of their victimisers with no protection from the law.
Shobhit Agrawal, Jindal Global Law School, O.P. Jindal Global University, Sonipat
Page: 32-42
In the context of a well-structured international arbitration, an emergency remedy is frequently referred to as a "Achille's Heel." Emergency Arbitration (EA) is a revolutionary idea in the world of arbitration that is suited for individuals
Divyanshi Shukla, BA. LLB, University of Petroleum and Energy Studies
Page: 43-56
Deeply embedded homophobia and transphobia in Indians have gone to a point where it has interfered with the fundamental rights of the people. Section 377 1was a law that criminalized homosexuality and was the basis for discriminating against queer people.
Ranjan Babu Joseph, Christ University
Page: 57-66
Access to medicines is one of the basic rights of the people. It is an integral part of right to life and hence it is of utmost importance that the people have access to all medicines essential to sustain life. Compulsory licensing of pharmaceuticals
Pooja K, Symbiosis Law School, Nagpur
M Niketh Vinod, School of Legal Studies, Cusat, Kochi
Page: 67-80
There have been multiple cases regarding the constitutional interpretation of the word "secularism", which is the right to profess any religion. The Supreme Court explained that secularism is just a safeguard to make sure that no one is discriminated
Arshdeep Kaur, B.A.LLB. (Hons.), School of Law, Lovely Professional University, Phagwara, India
The main objective of this study is to understand the meaning of secularism in our society and also to understand the role of political system in inter-religious tolerance in the cause of goodness in the society.
Adrita Misra, LLM, Royal School of Law and Administration (RSLA), Royal Global University, Guwahati, Assam
Page: 90-104
Indian Consumer Protection Act 1986 which was once enacted to provide timely relief to consumers affected with defective products and deficient services, apart from providing both legal as well as institutional framework for protection of consumer’s rights
Rajat Rana, B.COM.LL.B (H), Amity Law School, Noida
Shivam Sureka, B.COM.LL.B (H), Amity Law School, Noida
Bhavya Aggarwal, B.COM.LL.B (H), Amity Law School, Noida
Page: 105-118
This paper discusses the legislation relating to the Companies Act and the many repercussions and grounds for a firm’s winding up. A firm’sdissolution might be required for a variety of reasons, including the end of a business, misfortune, insolvency
Ashita Gaur, LLM (Criminology), Career College of Law, Bhopal
Page: 119-306
Human society has witnessed that some human beings are born with mental inability. This may be generic or due to injury caused to the new born at the time of delivery.
Nidhi Yadav, LL.M, Galgotias University
Page: 307-316
The Remission system has been defined under the Prison Act, 1894 to be a set of rules formulated for the time being in force regulating the award of marks to, and the consequent shortening of sentence of, prison.
Priya Karmakar Das, Guest Lecturer, Kingston Law College (Affiliated Under West Bengal State University)
Page: 317-330
Environment pollution is one of the most concerning topics nowadays. There are many kinds of pollution in our environment under which Air pollution has occupied the most prominent place. Almost all countries in this world are facing this issue.
Madhur Singh Rana, LL.M, Galgotias University
Page: 331-340
Harassment, the word is generally known as if someone is abusing, insulting, or otherwise harming you on a regular basis. Harassment is a word that describes any kind of ongoing torment. At school, harassment is often known as bullying.
Neha T Selvan, St. Joseph’s College of Law, Bangalore, Karnataka, India
Page: 341-350
Taxation is the sum levied by the government to increase its revenue through various sources. Almost all the countries are engaged in this practice for the development and upliftment.
Evana Manik, LLM, School of Law, LPU, Phagwara, Punjab
Page: 351-361
This term "conjugal rights" refers to a jail inmate's marital rights. conjugal right is a legally recognized as well as an inherent right of wedded couple within the societal structure that includes the ability of interaction
Jai Veer Malik, Research Scholar, Shri Jagdishprasad Jhabarmal Tibrewala University
Dr Manalal R Pandiya, Associate Professor, Shri Jagdishprasad Jhabarmal Tibrewala University
Page: 362-367
The Development of the Nation is Exclusively Based on the status of child. It is also true that this is one of the vulnerable groups in the society. We can also further add that Children are the Assets of the Nation.
Vasu Gupta, Jindal Global Law School
Page: 368-372
Mutual consent to divorce is an essential condition for passing a decree for divorce under section 13B of Hindu marriage act, 1955 given that ‘when a divorce is sought on the ground of mutual consent, such consent
Nandini Sharma, IILM University, Gurugram
Page: 373-381
The trial of Raja Nand Kumar, which took place in 1775, is considered the first judicial murder in India under British control. The following case was highly criticized by Indian citizens and Raja Nand Kumar’s natives.
Maruf, PhD, South China Sea Institute, Faculty of Law, Xiamen University, China
Page: 382-397
The East China Sea (EC Sea) is surrounded by the People’s Republic of China, the Republic of Korea and Japan. The fact that the EC Sea is no more than 400 nautical miles at its maximum breadth results in overlaps on the continental shelf claimed by each State.
Anwita Maheshwari, NMIMS Kirit P. Mehta School of Law, Mumbai
Page: 398-402
When we hear the word prostitution, the first thing that comes to our mind is the nature of the work. People are gradually becoming aware of what was once a social taboo.
Royan Jain, B.COM LLB (H), Amity Law School, Amity University, Noida
Harshit Jain, B.COM LLB (H), Amity Law School, Amity University, Noida
Page: 403-432
Issue of shares is something which is undertaken by almost every company whether it be private or public company primarily for raising capital. Investors intentionally take part in the issue of shares to gain benefits
Mr. Vatsalya Vajpayee, BBA.LL.B. (Hons.), Amity Law School, Amity University, Noida
Mr. Lakshay Singh, B.A.LL.B.(Hons.), Amity Law School, Amity University, Noida
Page: 433-443
From framing various legislations, policies, and regulations to landmark judgments and debates with allusion to successfully propagate and enforce the same in terms of maintaining equity in society for attaining women empowerment
Debabrata Dash, B.A. LL.B (Hons), ICFAI Law School, Hyderabad
Page: 444-450
Ever-growing domestic and global markets has pushed various business entities and companies to adopt M&A practice.Companies are using this to build different companies that cater to the needs of Indian corporate sector.
Ashutosh Mhatre, Christ University, Bengaluru
Page: 451-457
As patent pooling is a nascent concept on the Indian jurisdiction, there is need for a critical analysis as to how the patent pooling arrangements shall prevail under the Indian antitrust legal structure. Patent pooling may entail numerous economic benefits
Naman Gupta, Vivekananda Institute of Professional Studies
Page: 458-480
Independent directors play an important role in the day-to-day working of a corporate firm by virtue of their apparent expertise. It constitutes an inevitable part of the firm.
Shushaanth. S, LL.M (ADR), O.P. Jindal Global University, Jindal Global Law School
Page: 481-488
The concepts of Mediation and Conciliation in law is a god sent boon with salutary features. These concepts have been consciously adopted as an alternative to traditional mainstream litigation by numerous industries, corporates and conglomerates.
Akanksha Yadav, Amity Law School, Noida
Page: 489-504
There have been many harmful traditions and practices against women in India. They have existed throughout history in various forms. They have been part of our society for so long that they are accepted as cultural practices.
Kush Morghade, ILS Law College
Dr Jerryl Bnanit
Page: 505-508
In recent years value of doctors has been increasing rapidly and due to the increase in the population of doctors, there has also been an increasing number of misdiagnosis cases and unfair treatments of patients.
Arushi Sharma, LL.M., Symbiosis Law School, Noida
Kirti Singh, LL.M., Symbiosis Law School, Noida
Swarnav Bhuyan, LL.M., Symbiosis Law School, Noida
Page: 509-526
The Indian criminal justice system has four main components: the police, the court, the prosecutor's office, and the prison and correctional services. In India, there are two streams of criminal prosecution: those based on FIRs
Kirti Singh, Symbiosis Law School, Noida
Swarnav Bhuyan, Symbiosis Law School, Noida
Arushi Sharma, Symbiosis Law School, Noida
Page: 527-539
The criminals are more likely to target women because they are one of the most vulnerable groups. Even in the workplace, women face numerous dangers. Women's sexual harassment is a widespread problem in the public and private sectors, as well as in non-profit organisations.
Kartikey Rohilla, B.A. LL.B. (Hons.), NMIMS Kirit P. Mehta School of Law
Page: 540-548
Before understanding adequacy of consideration, we need to understand some what is a contract? According to section 2(h) An agreement enforceable by law is a contract.
Ms Radhuka. K. LLM., Assistant Professor, The Tamil Nadu, Dr. Ambedkar Law University, Chennai
Page: 549-557
India is one of the known diverse countries with a rich biodiversity of the world harbouring nearly 8% of species of the world. The biodiversity hotspots of the Himalayas, Indo - Burma Region, Western Ghats and Sri Lanka, Sundaland are renowned regions
Sultan Cyril Roy, School of Law, Christ (Deemed to be University)
Page: 558-569
Globalization has been hailed as the start of a new era of women’s equality and empowerment, because it’s been said that globalisation has boosted women's career options.
Charu Atri, Lawyer at High Court of Delhi & LL.M from National Law University, Delhi
Page: 570-574
Hart Devlin debate is centered upon a controversial issue of morality and law i.e. whether morality should be enforced by law or not. This controversy had sparked in the year 1957 after the Wolfenden Report had come.
Chirag Behl, School of Law, Christ (Deemed to be University)
Page: 575-579
Donoghue v. Stevenson, popularly known as the ‘snail in the bottle case,' is a landmark case in Western legal history. It was not only a major decision in the growth of common law, but it was also vitally relevant to the development
Pratyancha Vishnoi, LL.M, Criminal Law, Sardar Patel University of Police, Security and Criminal Justice
Page: 580-593
Elder abuse is a violation of human rights and is a substantial cause of misery, loneliness and loss of productivity for an elder. With the changing times, the attitude towards elders in society has promptly and rapidly changed.
Mayank Singhal, Assistant Professor, D.M.E, Noida
Naman Jain, D.M.E, Noida
Page: 594-608
Modern era is a legal era where every relationship has been defined by law. Law regulates thesociety so that the peace and harmony between different sections of society should bemaintained and the society would develop with development of every section of society.
Srijana Agrawal, School of Law, UPES University, Dehradun, Uttarakhand
Page: 609-616
The present study strives to understand what is Shareholder Activism under the Companies Act, 2013, the process and the effect it has on the working of the company and the relation between the involved parties.
Mohammad Abdul Aumber, LL.M in Criminal Law, Sardar Patel University of Police, Security and Criminal Justice
Page: 617-631
Sedition an act or conduct by speech or in writing to rebel or incite discontent or displeasure against the monarch or government, the law which was used by the British
Raj, SRM University, Delhi NCR
Page: 632-642
The interest of students, teachers and researchers alongwith legal luminaries and scholars apart from their own legal system in the legal system of other countries has been a matter of tradition.
Adyasha Kar, BA LLB, Symbiosis Law School, Pune
Page: 643-662
Rapid digitalisation has broken several barriers present in the physical realm. As the larger part of the society has taken to virtual spaces, one can observe substantial mimicking of social patterns that were once unique to the physical realm.
Rohit Ray, The West Bengal National University of Juridical Sciences, Kolkata
Page: 663-669
Contracts and relationships of agency involve varying levels of complexity in terms of the right and obligations of the agent vis-à-vis the principal, the principal-vis-à-vis the agent, and both with respect to a third party.
Bhagyashri Neware, LLM, Maharashtra National Law University, Aurangabad
Page: 670-683
The constitution and constitutionalism are related in the creation of democracy, with some countries originating without the ideas of constitutionalism. The Constitution is the cornerstone of any state's administration and demonstration of the government-building process.
Kanishka, Rajiv Gandhi National University of Law, Patiala, India
Page: 684-692
Recently, the Supreme Court of India recognized sex work as a profession. On the other hand, Prostitution as a profession is illegal in India. This dichotomy creates ambiguity when it comes to the rights of sex workers situated in India.
Bokka Ashwika, B.A. LL.B. (Hons.), The National University of Advanced Legal Studies, Kochi.
Athena Santhosh, B.A. LL.B. (Hons.), The National University of Advanced Legal Studies, Kochi.
Choi Yujeong, B.A. LL.B. (Hons.), The National University of Advanced Legal Studies, Kochi.
Page: 693-709
Capital punishment is one of the highest forms of punishment discharged for committing the most heinous offences. Punishment by death has always been implemented throughout the history of civilisations.
Bhavana Kumari, PhD Candidates, Jawaharlal Nehru University
Biatrisha Mukhopadhyay, PhD Candidates, Jawaharlal Nehru University
Page: 710-724
Banning various forms of art has never been an unusual phenomena in regimes harboring dogmatic attitudes towards their people. At the same time, banning culture is also prevalent in liberal world.
Priya Chauhan, LLB, Government Law College, Mumbai
Page: 725-736
The founding fathers of the Indian Constitution wanted to ensure justice to every citizen of the country. To that end, the preamble also consists of the word ‘Justice’.
M. Sushant Murthy, LL.M. in Intellectual Property and Technology Law, Jindal Global Law School
Page: 737-746
The advent of globalization in the modern era has brought with it a distinct set of challenges in the form of cybercrime and data breaches. Recent instances of cyber-attacks and loss of personal information on a global scale, such as that of Facebook in 2021
Ayush Hoonka, School of Law, CHRIST (Deemed to be University)
Page: 747-750
There are three types of emergencies-national emergency, Constitutional emergency, and financial emergency. Article 352 of the Constitution talks about various emergencies, while Article 353 of the Constitution talks about the Proclamation of Emergency.
Neha Mishra, Assistant Professor, Amity Law School, Amity University, Haryana
Page: 751-758
Every once in a while, news reports of unauthorized surveillance and cyber- crimes threaten the foundation of democracy. This time around, Pegasus spyware an Israeli NSO Group, is making headlines for infiltrating the mobile phones
Sherin Rachel Santhosh, O.P. Jindal Global University
Page: 759-769
Under the corporate governance structure, the will of the majority prevails which leads to instances of oppression and mismanagement in a company. Common Law and Company’s Act has provided various remedies for the same which includes derivative actions
Suhani Gupta, University of Petroleum and Energy Studies
Page: 770-784
The Constitution of India provides many provisions for the Indian citizens for their duties and rights. The fundamental rights are a very important part of the Indian Constitution mentioned in Part III.
Juhi Handique, KIIT University, Bhubaneswar
Page: 785-790
The Covid-19 pandemic has had an impact on almost every area of India's socio-economic-political system, and the judiciary is no exception. In India’s legal system, a vast quantity of pending cases has rendered the entire justice delivery system inoperable.
Meet Achal Shah, LLM in Financial Regulations, SVKM’s Narsee Monjee Institute of Management Studies (NMIMS)
Page: 791-860
The human history for over past 5,000 years1 have accepted and traded their goods and services in terms of money. Before such time, the historians claimed that the system of ‘barter trade’2 existed for buying and selling of goods.
Samarth Nema, Hidayatullah National Law University, Raipur
Page: 861-870
This paper draws its substance from the recent events in the arena of privatization of public sector undertakings and analysis of the effect it has and may have on its workers and their relationship with the industry.
Sangeeta Chakravarty, Galgotias University
Page: 871-882
Competition laws in India are the manifestation of the social and economic philosophy enshrined in the Directive Principles of State Policy contained in the Constitution.
Sangeeta Chakravarty, Galgotias University
Page: 883-892
Arbitration is a mode of dispute settlement outside the court, where the parties to the dispute refer the matter to a neutral third party. This mode is time saving, confidential as well as cost effective. Parties can choose Institutional or Adhoc mode of Arbitration.
Krithika Jamkhandi, Bishop Cotton Women’s Christian Law College, Bengaluru.
Page: 893-901
During Grotius' time, maritime laws were devised, and they were observed by states as customary rules of international law. The territorial sea, contiguous zone, and high seas were all composed of three parts. Up to the nineteenth century, there were no laws governing them.
Dr. Sambeeta Dabral, Nari Gursahani Law College
Page: 902-915
An important aspect of criminal justice system is the use of expert’s opinion during criminal trials. In an adversarial system, an expert witness provides the court with the advantage of scientific and technical knowledge which is not available to a layman.
Nirban Chakraborty, KIIT School of Law
Page: 916-924
There for all intents and purposes are thousands of different types of crypto assets out there – or as you might know them, cryptocurrencies in a subtle way.
Naman Kasliwal, Gujarat National Law University
Riddhi Gandhi, Gujarat National Law University
Page: 925-934
The issue of a common code has been repeating one since the commencement of states. The subject of drafting a UCC has been a hot topic for discussion since 1950.
Divyansh Bhargava, LL.M., Criminal Law, Symbiosis Law School, Noida
Uddhav Ambre, LL.M., Criminal Law, Symbiosis Law School, Noida
Page: 935-943
The term “elderly” refers to those who have reached the age of 65 or older, a widespread standard. Genetics, lifestyle, & general health all play a role in the ageing process
Pranjal Chaturvedi, B.A.LL.B, School of Law, Sharda University
Aishwarya, B.A.LL.B, School of Law, Sharda University
Page: 944-959
We are in the age of technology, and the conventional definition of the market has turned obsolete. Today's market is geographical place vis-à-vis a virtual platform. Not only for goods, today we are enjoying services virtually.
Neha Bhuraney, Research Scholar, GNLU
Page: 960-974
The concept of constitutionalism, like almost all other social sciences concepts, has always been subject to or part of an evolutionary process. Therefore, we cannot point out any specific time or event that led to its creation or emergence
Reetasa Samal, KIIT Law School, Bhubaneswar
Tusharkant Panda, KIIT Law School, Bhubaneswar
Jyoti Das, KIIT Law School, Bhubaneswar
Page: 975-986
This research paper aims to focus on corporate social responsibility and its impact on effective corporate governance. Through this research paper we’ll come across different types of social responsibilities in the corporate sector
Md Shoaib, Galgotias University
Page: 987-994
This paper surveys the operation of user requirements and the effect of non-use of trademarks in India and examines what constitutes ‘use’ of a trademark and then also examines non-use and its effects.
Chiragkumar Agrawal, GLS Law College, Gujarat University
Page: 995-1000
Trademark is a distinctive mark or sign which identifies the goods and services of one company from those of another. A trademark helps consumers to identify and choose products/services based on their reputation and quality.
Shreya Lal, B.L.S., LL.B, KLE College of Law (Mumbai University)
Page: 1001-1032
It’s often simple to understand feminism as a movement only targeted at women, however additionally discussing men’s rights may drive forward the feminist agenda by making unity between each gender.
Likitha P Mahdiker, BBA LLB (Hons), CMR University, School of Legal Studies
Page: 1033-1040
The Indian Constitution provides equal rights to every citizen. In a country like India, citizens’ rights are denied by the government servants by the way of extra judicial killings.
Kartik Jain, LLB, Jindal Global Law School
Page: 1041-1047
India has a population of 1.3 billion individuals, yet the income tax-paying population stands at just 2 percent of the total population of the country. Tax terrorism has plagued the taxpaying population around the country and has become one of the most vital problems India faces today
Mrs. Gunjan Ahuja, Assistant Professor, Vivekananda School of Law and Legal Studies, Vivekananda Institute of Professional Studies
Mrs. Ankita Kumar Gupta, Assistant Professor, Vivekananda School of Law and Legal Studies, Vivekananda Institute of Professional Studies
Page: 1048-1050
A Constitution has been described as “the autobiography of a nation”. One of the Basic features of any constitution should be judicial activism. Judicial Activism is the need of the hour because the present laws are not well equipped to deal with the human right violation.
Sharmin Chougule, University of Camerino, Italy
Page: 1051-1067
This paper talks about the ever-augmenting yearnings of the emerging BRICS powers [“the BRICS countries of Brazil, Russia, India, China, and South Africa”] to promote their role in the global financial architecture
Uddhav Ambre, Symbiosis Law School, Noida
Amna Mariyam, Symbiosis Law School, Noida
Page: 1068-1078
The first line of defence in internal security of a nation is police, the police which is civil force as they have to deal with the society which is formed by the people, in order to maintain the law and order and securing peace the police work tirelessly.
Manav Kirtikumar Thakkar, BBA LLB, Symbiosis Law School, Hyderabad, Symbiosis International (Deemed University)
Page: 1079-1092
E-commerce has grown in popularity in recent decades as a result of the computer system's and information technology's rapid growth, as well as a surge in inventions related to online services. E-contracts are an important part of E-commerce.
Alok Kumar Singh, Research Scholar (Law), DDU, Gorakhpur University, GKP
Page: 1093-1103
Capital punishment or death penalty have always been a topic of contradiction not only in India but also in several developed countries. In India, the motive for providing punishment
Gunvi Rattra, O.P. Jindal Global University
Page: 1104-1108
This article overviews the different laws of the Hindu Marriage Act, 1955, with a special emphasis on the issue of bigamy. Identifies and analysis loopholes which are used by Hindu husbands to save themselves from conviction.
Parth Rathore, OP Jindal Global University
Page: 1109-1116
Project Finance basically means financing long term industrial projects, public services and infrastructure projects. It uses a limited recourse or a non-recourse financial structure. The one thing that makes project finance different
Kartik Jain, LLB, Jindal Global Law School
Page: 1117-1125
A juridical concept, the seat of arbitration is one of, if not the most, important clause in an arbitration agreement. Granting the courts within the jurisdiction of the seat of the arbitration with the exclusive authority to oversee the comportment of the proceedings
Vaishnav Arun Kumar, BBA LLB, OP Jindal Law School
Page: 1126-1134
We all love the thought of a company contributing towards society and not only focusing on monetisation and profit maximisation. There is a clear relationship that is established between us and the company with good intentions.
Anushka Sail, O.P Jindal Global University
Arundhuti Mukherjee, O.P Jindal Global University
Page: 1135-1142
Since generations, gender inequality and disparities have existed in practically all communities. In Pratibha Rani vs. Suraj Kumar & Anr., we are dealing with a married lady who was secluded by her husband, who refused to return her Stridhan despite repeated requests and notices.
Akshat Anand, Symbiosis Law School, Pune
Swarna Mullick, Symbiosis Law School, Pune
Page: 1143-1149
Environmental contamination as a result of inefficient solid waste management is a problem that affects people all over the world. There are several types of waste treatment and final disposal procedures available around the world
Advait Kandiyoor, Jindal Global Law School, JGU
Page: 1150-1158
Privacy as a concept has long been envisioned through different lenses, however, with the rapid advancement in technology and the value being assigned to ‘data’, the notion of privacy has had to evolve and encompass a broader set of possibilities.
Advait Kandiyoor, Jindal Global Law School, JGU
Page: 1150-1158
Privacy as a concept has long been envisioned through different lenses, however, with the rapid advancement in technology and the value being assigned to ‘data’, the notion of privacy has had to evolve and encompass a broader set of possibilities.
Dr. Koneru Anuradha, Assistant Professor in Law, SVD Siddhartha Law College
Page: 1191-1203
The Lok Adalat is an innovative Indian contribution to the global jurisprudence. It is one of the efficient alternative dispute resolution mechanisms that have the potential to provide amicable settlements of differences.
Aakash Vishwakarma, Galgotias University
Page: 1204-1211
Patenting an intellectual property is a need for the owner to protect himself and his ideas from others who could probably copy it. According to WIPO, “A patent is an exclusive right granted for an invention, which is a product or a process
Vaishnavi Gupta, Symbiosis Law School, Hyderabad
Page: 1212-1239
Custodial torture is the problem which is there from time immemorial in India, even when the people are there in custody for petty offences, they are locked up into the torture chambers by the masters and were given harsh punishment
Nidhi Kulkarni, Renaissance Law College
Page: 1240-1248
Even when the accused tries to remove all the incriminating evidence, many times circumstantial evidence remains and becomes the strongest form of evidence to render the accused as guilty.
Niraj Kumar Seth, Maharashtra National Law University, Mumbai
Page: 1249-1265
The paper addresses the core issue of desirability and legal feasibility of adoption by central banks of a digital currency as fiat currency to counter the increasing popularity of private cryptocurrencies (‘Cryptos’).
Dewan Alif Ovi, The University of Asia Pacific, Dhaka, Bangladesh
Tanvir Reza, The University of Asia Pacific, Dhaka, Bangladesh
Page: 1266-1287
Custodial death is the most ominous indicator in our country's capture, detention, and remand. It has now become all the rage across the country. Deaths in police custody usually generate a great deal of public attention and are frequently coupled with causality disputes
S. Ragupathi
Banupriya G
Page: 1288-1295
The author exposes that the “Transgender” is not the recent lexical invention rather it is the very late discovery of this society. Being a transgender is not a men turning in to women and adopting the life style of women.
Pooja Saini, Sushant University
Page: 1296-1306
During coronavirus pandemic people in almost all the countries have suffered a lot, especially children. The students were locked inside the houses. The schools or educational institutes were closed to save human beings.
Kartik Jain, LLB, Jindal Global Law School
Page: 1307-1315
As of January of the current year, the backlog of cases in the Supreme Court of India amounted to more than 60,000+ matters still pending adjudication[1]. Despite the magnitude of the number, the backlog of pending cases significantly
Mahek Karanjawala, BA. LLB (H), Amity University, Uttar Pradesh
Page: 1316-1322
The term delinquency was first defined by Coleman in 1981 as the behavior of youths, less than 18 years of age, which is not acceptable to society and is generally regarded as calling for some kind of admonishment, punishment or corrective actions.
Nishant Kumar, Lovely Professional University
Page: 1323-1335
The problem Marital Rape has been increasing in few years. The major elements of marital rape include the mental agony of being raped, the trauma of being victimised
Nishant Kumar, Lovely Professional University
Page: 1336-1342
There are a number of reasons behind the long pendency of cases in the courts in India. One of the efficient manner which has been put forward by the experts to resolve this issue is the regime of Alternative Dispute Resolution.
Vaishnavi Gupta, Symbiosis Law School, Hyderabad
Page: 1342-1352
The police system in India has been borrowed from the police system that was existing in colonial India. Many of the practices followed by the erstwhile colonial police have continued into the post-independence police system.
Vaishnavi Gupta, Symbiosis Law School, Hyderabad
Anirudh Thakur, ICFAI Law School, Dehradun
Page: 1353-1368
Internet is becoming more and more accessible to the majority of people in India. With the participation of Jio in the networking sector, Internet became much cheaper to the general public which led to the increase in the total number of internet users in India from 300 million in 2015 to 700 million in 2020.
Indrajit Nagtilak, Student, ILS Law College, Pune
Page: 1369-1374
With the emergence of blockchain technology, traditional paper contracts are being replaced by smart contracts. Smart contracts are transaction protocols stored on blockchain that execute automatically when certain predetermined conditions are met.
Anisha Arya, BVDU’NLC Pune
Page: 1375-1383
The Law of contracts gives autonomy to the parties to decide their rights and duties subject to certain guiding principles relating to proposal, acceptance, competency, performance, and its enforceability
Shresthavi Pandey, BA.LL.B. School of Law, Narsee Monjee Institute of Management Studies, Bengaluru
Page: 1384-1399
The phrase 'contingent contract' is defined in Section31 as an agreement to perform or not do something if a certain event, which is a condition of the contract, occurs or does not occur.
Nevin A, Tamil Nadu National Law University
Page: 1419-1426
Freedom of speech has always remained a delicate issue with regard to India and with the advent and rise of social media and cyberspace, it has only become more and more disputed.
Nishant Kumar, BA.LLB (Hons), Lovely Professional University
Page: 1427-1437
The Lokpal and Lokayukta Act, 2013 seeks to provide for the establishment of Lokpal for the Union and Lokayukta for States to inquire into allegations of corruption against certain public functionaries and for related matters.
Ritika Kishore, O.P. Jindal Global Law University, Sonipat
Page: 1438-1448
This paper highlights on the growing “emergence of Proxy Advisory Firms” in the Indian Context and their key contribution to the rising shareholder activism.
Harshwita Inuganti, Symbiosis Law School, Hyderabad
Banoth Mythily Meera Naik, Symbiosis Law School, Hyderabad
Vijaya Bharathi Roy, Symbiosis Law School, Hyderabad
Page: 1449-1461
The concept of granting compulsory licenses, especially in the pharmaceutical sector, is of the utmost importance at the time, to people all around the world due to the Covid 19 pandemic and is debated widely.
Harnirmal Singh, Jindal Global Law School, O.P Jindal Global University, Sonipat
Chahat Gupta, Jindal Global Law School, O.P Jindal Global University, Sonipat
Page: 1462-1467
India is a tremendous example of unity in diversity and home to more than one hundred and sixty million people, recognized as ‘Schedule Caste,’ under Article 341(1) of India's constitution
Niraj Kumar Seth, MNLU Mumbai
Page: 1514-1531
The article simplifies the concept of insider trading and explores the rationale for regulating and prohibiting such practices. It traces the origins of insider trading regulations in India, even before the securities market regulator, Securities and Exchange Board of India (SEBI)
Tarun, LLM, UILS, Chandigarh University
Page: 1532-1538
Women are considered to be a vulnerable group of this society. However, despite multiple protective instruments and rights secured for the women, they have long been victims of different crimes and sex-trafficking is not different to the same.
Manya Jaitley, Galgotias University
Page: 1539-1548
The article explains the basic structure on international court of justice. Any court in order to work properly requires proper handling and functioning which may result in dispute settlement efficiently.
Yoga Sundara Praneeth Veturi, LLM (IPR), Jindal Global Law School, O.P Jindal Global University
Page: 1549-1556
This research looks at the enormous changes that have occurred in the IT sector because of state policy liberalization and subsequent globalization. Import substitution has helped indigenous IT firms to improve their technical skills over time
Shireen Seema Sadiq, Legal Consultant, Institute for Development of Youth, Women and Child
Page: 1557-1570
The future of tribal education has always been a key issue of concern. Education and overall development is affected due to remoteness of tribal areas, lack of transportation and communication
Akankshya Anuska Babu, BA LLB at KIIT Law School, Bhubaneswar
Jyoti Prakash Panda, BA LLB at KIIT Law School, Bhubaneswar
Page: 1571-1595
In recent years the prospect of health and the right to health for all citizens alike, particularly in India has taken up new reforms and shapes. However, the full need and necessity of such a right were seen and felt as late as when the Covid-19 pandemic hit almost the entire globe.
Harpreet Singh Malhotra, Amity Law School, Noida, Amity University, Uttar Pradesh
Page: 1596-1607
Intellectual property plays a major role in any country’s development. Intellectual property is the reason why innovation takes place. Without the protection of ideas, businesses and individuals
Aditya Dadhich, Assistant Professor, ACLC, Bhilwara
Page: 1608-1620
The most curious function of the legal framework agency is to protect and promotes the basic rights of humans. The criminal justice system of India includes police which play a vital role in the protection of the human rights.
Harnirmal Singh, Jindal Global Law School, O.P Jindal Global University
Page: 1621-1623
After being denied compensation for labour accomplished during a famine, “a group of government employees in Rajasthan created the Mazdoor Kisan Shakti Sangathan (MKSS) in 1990 and launched a movement demanding government transparency1
Rithika Reddy Shyamala, BA LLB (Hons.), O.P. Jindal Global Law School
Page: 1624-1628
Celebrity rights or rights held by a celebrity have been in limelight since quite some time now but even then there is no specific legislation that addresses the issues and challenges
Ms Kanchan Lavania, Assistant Professor, Vivekananda School of Law and Legal Studies (VSLLS), Vivekananda Institute of Professional Studies (VIPS), Delhi
Page: 1629-1645
Although the Constitution of India was written between 1946 and 1949, the philosophy of the constitution and constitutionalism took shape during national movement for independence which started in 1885 and ended in 1947.
Reeya Mishra, LL.M., Jain University, Bangalore
Page: 1646-1659
The herculean task of defining a tribe and main-streaming their interests to that of the society has produced a plethora of challenges for the bureaucrats and the law-makers.
Sanjana S, O.P. Jindal Global Law University, Sonipat
Sanjana S & Taniya Bansal, O.P. Jindal Global Law University, Sonipat
Page: 1660-1668
India is known to follow a federalist form of government, where there is a distinction between the Centre and the State thereby creating a distinction in terms of the laws for the same.
Suhani Dube, LLB Hons., Jindal Global Law School
Page: 1669-1674
India being a fast-developing nation, interacts with innovations to lifestyle on a frequent basis. With the advent of globalisation, coupled with breakthrough technological advancements, digitization deems to be the efficient way forward.
Nihshank Upadhyay, Jindal Global Law School
Page: 1675-1685
The following article delineates that the fast-track courts have done more harm than good in ensuring the right to a fair trial guaranteed by article 21 of the Indian constitution.
Ayushi Kumari, Gujarat National Law University
Page: 1686-1692
A missing person report was filed based on this information. And on further investigation, she was found dead. A person named Vinod is the main accused here.
Shivani Samanta, B.A.LL.B (Hons.), University Law College, Utkal University, Bhubaneswar
Page: 1693-1698
The ‘Nirbhaya’ case sparked widespread public indignation. One of the accused was a juvenile at the time of the crime, and he was sentenced to a three years in a special home, which was the maximum punishment as per the Section 15
Ms Chhabi Ojha Malik, Vivekananda School of Law and Legal Studies,
Ms Mohita Yadav, Vivekananda School of Law and Legal Studies,
Page: 1699-1710
As rightly mentioned by Richard Cobden, “ADR is more rational, just and humane than the resort to the sword.” We have witnessed since times immemorial that ethics has been an integral part of our culture
Muskaan Singh, UPES, Dehradun
Jenul Bhati, UPES, Dehradun
Page: 1711-1722
Over the years, the pendulum between patent law and competition law has experienced wide swings. The quest for avoiding monopoly while at the same time encouraging inventions has been a prominent theme of legal discourse for several decades.
Priyanka Todewale, Amrita Vishwa Vidyapeetham
Page: 1723-1729
Copyright is that intangible property built on the concoction of originality, fixation and minimal creativity, further it is protected with the compound of rights granted with it such as reproduction
Mahalakshmi Vaishnabi, LLM, Royal Global University
Page: 1730-1743
The reformative approach model seeks to bring about a change in the attitude of the offender so as to rehabilitate him as a law-abiding member of society. Punishment is used as a measure to reclaim the offender and not to torture or harassed the offender.
Pratibha Mishra, Symbiosis Law School, Hyderabad
Page: 1744-1756
Ever since the Companies Act, 2013 has come into force, it has been under the critical eye of the lawmakers in India. Being one of the most complex and long-winded statutes, there’s a lot to be amended in the act
Aditya Kashyap, Symbiosis Law School
Page: 1757-1761
The Constitution contains a number of clauses known as Directive Principles of State Policy (DPSP), which instruct the government to maintain social order and look out for the interests of the general populace.
Akriti Kumari, Jindal Global Law School
Page: 1762-1765
This article intends to show the relevance of the Ziauddin Bukhari v Brijmohan Mehra (Bukhari case)1 concerning Section 123(3), Representation of People’s Act, 1951 (RPA).
Sani Kumar, Assistant Professor, IFTM University Moradabad U.P.
Dr Udayveer Singh, Assistant Professor, IFTM University Moradabad U.P.
Page: 1766-1781
This article expresses the historical development of transgender people in India. The historical evolution of the transgender people in the Mughal era, British era, Post-Independence and contemporary period.
Harsh Nassa, Narsee Monjee Institute of Management Studies, School of Law, Bengaluru
Page: 1782-1786
Legal judgments can be called as plethora of sources, it may be, history, social sciences economics or literature. Judgments contain elements of storytelling and are generally rhetorical.
Darshan Shah, Jindal Global Law School, O. P. Jindal Global University
Page: 1787-1793
This research paper speaks about the right to lien for advocates. Right to lien allows an advocate to retain files under his possession of his client until dues are paid off.
Ms Gauri Gupta, Assistant Professor, Vivekananda Institute of Professional Studies, Delhi
Page: 1794-1804
India has emerged as a formidable economic and political forces in recent times. As per the UNCTAD world investment report (2018) India was among the top 10 FDI host economies in 2017 and 2018.
Spandana Pattanaik, KIIT School of Law
Page: 1805-1813
The Indian health system faces the ongoing challenge of responding to the needs of the poorest members of Indian society. Although progress has been made in improving access to health care
Ms Pinky Singh, Assistant Professor at Vivekananda Institute of Professional Studies, GGSIPU, Delhi
Page: 1814-1833
The Juvenile Justice (Care and Protection of Children) Act, 2015 provides for strengthened provisions for both children in need of care and protection and children in conflict with law.
Prakshal Jain & Sarthak Kulshrestha, Jagran Lakecity University, Bhopal.
Page: 1834-1846
The Supreme Court, being the highest Court of appeal, is obliged to administer justice in a fair and expedient manner. But the fair justice-delivery mechanism of the Supreme
Niraj Kumar Seth, MNLU Mumbai
Page: 1847-1857
The article provides a brief overview on the concept of corporate governance and traces its origin in agency relationship that defines the corporate structure.
Vaibhav Kartikeya Agrawal, Advocate
Page: 1858-1895
The National Highways Act 1956 (hereinafter 'NH Act') has been enacted in order to provide provisions related to construction of national highways the matters related to acquisition of land for such construction of national highways
Aakash Vishwakarma, Galgotias University
Page: 1896-1892
The article presented critically examines the Enforcement of foreign arbitral awards and their credibility. It describes the legal background regarding foreign awards, the rulings
Tarannum Syed, BA.LLB (Hons), GITAM School of Law, GITAM University, Visakhapatnam
Page: 1893-1906
One of the most essential social institutions is marriage where rituals and symbols are used to express this social process. We all know that child marriage is still a major issue.
Alan John Abraham, National Law University Odisha
Page: 1907-1917
Trade secrets are becoming increasingly important in the 21st century, and the rampant exploitation of tribes and their secrets has resulted in a dearth of innovation.
Parmanand Nigam, Christ University
Monikapriya Sinha, Christ University
Page: 1918-1925
Honor killing in India has been listed as a cultural crime prevalent in society for an exceptionally long time which perceives women as barriers to family honor in society.
Daniel T Sangtam, LL.M, The Assam Royal Global University
Page: 1926-1935
A country has a large number of crimes and criminals in which the punishment is based on the motive to give a penalty to the wrongdoer. In India, since it follows a reformative theory has two reasons for imposing punishment
S Subashini, Government Law College, Trichy
Page: 1936-1941
This paper focuses on the fundamental right to strike. This paper aims to discuss strikes as a fundamental right. The paper has pointed out the laws for strikes in India, the USA, and the UK
Aniket Chaudhary, Galgotia's university
Page: 1942-1950
In India there are numerous legal provisions providing for the protection of Environment from the humans. In today’s scenario we can see that the problem of environmental degradation is at it’s peak.
Sushant Singh, Advocate (District Court, Rewa, M.P.), LL.M. in Criminal Law & (Govt. Law College, Awadhesh Pratap Singh University, Rewa, M.P.), B.A., LL.B. (Law College Dehradun, Uttranchal University, Uttrakhand)
Meemansa Rajvans, Advocate (District Court, Sidhi, M.P.), LL.M. in Criminal Law (Govt. Law College, Awadhesh Pratap Singh University, Rewa, M.P.), B.Com., LL.B. (Jamnalal Bajaj School of Legal Studies, Banasthali University, Jaipur, RJ.)
Page: 1951-1964
A child is always born innocent and because of its tender nature it must be protected with attention, and then he will become a very good person with strong mental, moral and spiritual capabilities.
Dr Shriram Patel, Associate Professor of Law, SVIL
Page: 1965-1969
It is a well-settled rule in human society from the very beginning till today even from the Vedic period to modern society, that every person irrespective of his caste creed, sex, age, religion, or colour
Mohammad Rasikh Wasiq, LLM (International Law), ILS College, Pune
Page: 1970-2011
Indian courts are optimistic about applying international law in domestic courts, and their technique is always evolving. India has made a strong argument for its commitment to the creation and application of international law.