SCOPE AND APPLICABILITY OF THE TIPPER-TIPPEE THEORY OF INSIDER TRADING: A COMPARATIVE ANALYSIS IN INDIA AND UNITED STATES PERSPECTIVE

AUTHOR – ASHVIDHA SADHASIVAM, ASSISTANT PROFESSOR OF LAW AT KMC COLLEGE OF LAW, TIRRUPUR

BEST CITATION – ASHVIDHA SADHASIVAM, SCOPE AND APPLICABILITY OF THE TIPPER-TIPPEE THEORY OF INSIDER TRADING: A COMPARATIVE ANALYSIS IN INDIA AND UNITED STATES PERSPECTIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 434-451, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract:

Insider trading in India significantly differs from that of the USA. Insider trading, being the cornerstone of securities law, which has theories that delineates the obligations and liabilities of persons involved in the insider trading. In the USA, the jurisprudential aspects say the theories plays a pivotal role. Among all the theories, the tipper-tippee theory has evolved giving recognition to not only the insiders but also the other persons associated, who can be also be non-insiders. Though, originated in the USA, its features exhibit to be applied to every jurisdiction, thus aids in identifying the yardsticks such as forms of malpractice, personal benefit and breach of trust taking place within the corporations. The tippee trades with the ulterior aim to trade with the information received from the tipper, that results in a nefarious intent. Although the insider trading comes under the broader purview, merely one of the theories of insider trading liability is dealt by this study. The research delves through the lens of the tipper-tippee theory prevalent in the USA.

Keywords: Tipper-tippee theory, Legal and Regulatory frameworks, Indian cases, Insider trading liability, USA, India.

INTEGRATING DIGITAL FORENSICS INTO INTELLECTUAL PROPERTY RIGHTS ENFORCEMENT: A FRAMEWORK FOR CYBERCRIME INVESTIGATION

AUTHOR – MADHURIKA DE* & DR. KABITA CHAKRABORTY**

* RESEARCH SCHOLAR, FACULTY OF LAW, ICFAI UNIVERSITY, TRIPURA

** PROFESSOR, FACULTY OF LAW, ICFAI UNIVERSITY, TRIPURA

BEST CITATION – MADHURIKA DE & DR. KABITA CHAKRABORTY, INTEGRATING DIGITAL FORENSICS INTO INTELLECTUAL PROPERTY RIGHTS ENFORCEMENT: A FRAMEWORK FOR CYBERCRIME INVESTIGATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 423-433, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The rapid growth of digital technologies has intensified the incidence of intellectual property (IP) violations, including copyright infringement, trade secret theft, and digital piracy. Traditional enforcement mechanisms remain inadequate in addressing these crimes due to the complex, cross-border, and technologically advanced nature of modern cybercrime. This article proposes a comprehensive framework for integrating digital forensic practices into intellectual property rights (IPR) enforcement to enhance the investigation, prosecution, and adjudication of cyber-enabled IP offences. The proposed framework operates across three interconnected layers—technical, legal, and institutional—linking forensic readiness with IP protection strategies. It emphasizes forensic evidence acquisition, chain of custody preservation, and harmonization of legal standards to ensure admissibility and reliability of digital evidence. By aligning investigative procedures with judicial processes and policy mechanisms, the integration model strengthens cooperation among law enforcement agencies, IP offices, and cybersecurity institutions. The study highlights the need for standardized protocols, capacity building, and international collaboration to ensure effective digital enforcement of IPR in the evolving cyber ecosystem. Ultimately, integrating digital forensics into IP protection systems will advance transparency, accountability, and the overall resilience of global innovation frameworks.

 KEY WORDS :- Cybercrime; Digital Evidence; Digital Forensics; Intellectual Property Rights (IPR); Legal Framework

CLIMATE REFUGEES AND STATELESSNESS: THE UNSEEN HUMAN RIGHTS CRISIS OF THE 21ST CENTURY

AUTHOR – ARJUN GUPTA, STUDENT AT SYMBIOSIS LAW SCHOOL

BEST CITATION – ARJUN GUPTA, CLIMATE REFUGEES AND STATELESSNESS: THE UNSEEN HUMAN RIGHTS CRISIS OF THE 21ST CENTURY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 414-422, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract:

Climate change is triggering an unprecedented wave of human displacement and raising the alarming prospect of statelessness, yet existing legal frameworks offer little protection to those affected. This article explores how climate-induced disasters from supercharged floods to creeping sea-level rise are forcing people from their homes, creating “climate refugees” who often fall outside the scope of international refugee law. It also examines the emerging challenge of climate-related statelessness, as entire nations (particularly small island states) risk losing their territory to rising seas. The human rights implications are dire: millions face loss of housing, livelihood, nationality, and basic dignity, without a formal status to guarantee their rights. Despite the scale of this crisis, it remains largely unseen in global policy, with fragmented or insufficient responses. The article argues for urgent international cooperation to fill protection gaps from expanding legal definitions and frameworks to proactive measures averting displacement in order to uphold the rights and dignity of those most vulnerable to climate change.

Keywords: Climate Refugees. Statelessness. Human Rights. Displacement. International Law

COPYRIGHT ISSUES IN THE DIGITAL ERA: OTT PLATFORMS AND ONLINE PIRCY

AUTHOR – PRAGTI KUMARI, STUDENT AT AMITY LAW SCHOOL

BEST CITATION – PRAGTI KUMARI, COPYRIGHT ISSUES IN THE DIGITAL ERA: OTT PLATFORMS AND ONLINE PIRCY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 400-413, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The swift progress of digital technology and the extensive adoption of the internet have fundamentally changed how creative content is created, shared, and consumed worldwide. The rise of Over-the-Top (OTT) services like Netflix, Amazon Prime Video, Disney+ Hotstar, and others has reshaped the entertainment sector by granting viewers immediate access to films, web series, music, and various forms of digital media. Nevertheless, this digital evolution has introduced new challenges to the conventional system of copyright protection. The problem of online piracy has emerged as a major issue in the digital age, as the unauthorized sharing, downloading, and streaming of copyrighted materials have become increasingly simple and prevalent. This research paper examines the escalating conflict between technological advancement and the safeguarding of intellectual property rights, with a particular emphasis on the copyright issues encountered by OTT platforms in India and globally.

In the digital landscape, copyright violations have manifested in intricate ways — ranging from illegal streaming sites and torrenting to the unauthorized recording and redistribution of OTT content. Despite the presence of robust copyright legislation and international agreements such as the Berne Convention, TRIPS Agreement, and WIPO Internet Treaties, enforcing copyright protection in the digital realm remains a formidable challenge due to jurisdictional constraints, the anonymity of offenders, and the cross-border nature of the internet. In India, the Copyright Act of 1957, in conjunction with the Information Technology Act of 2000, establishes the legal framework for safeguarding creative works; however, these laws frequently fail to adequately address the rapidity and magnitude of contemporary digital piracy. OTT platforms encounter distinct legal and ethical challenges as they endeavor to reconcile accessibility, affordability, and the rights of creators and producers. This research seeks to examine the legal, technological, and policy aspects of copyright challenges in the digital age, focusing on how OTT platforms manage copyright ownership, licensing, and enforcement.

It also investigates significant judicial rulings that have influenced the strategy towards digital copyright protection and underscores the initiatives undertaken by governments and industry participants to combat piracy through Digital Rights Management (DRM) systems, encryption, watermarking, and educational campaigns.

Moreover, the paper explores the growing significance of artificial intelligence and blockchain technology as potential instruments for enhancing copyright enforcement in the future.

In conclusion, the study posits that although OTT platforms have democratized entertainment and improved accessibility, there is a pressing need for more robust legal and technological frameworks to protect intellectual property rights in the digital marketplace. The paper concludes that addressing online piracy necessitates a comprehensive approach that integrates effective law enforcement, international collaboration, technological advancements, and consumer education. Only through such an all-encompassing strategy can the equilibrium between creativity, commerce, and consumer rights be preserved in the continuously evolving digital entertainment landscape.

KEYWORDS-COPYRIGHT PROTECTION, DIGITAL ERA, ONLINE PIRCY, OTT PLATFORMS, INTELLECTUAL PROPERTY RIGHTS

MUZAFFARNAGAR INCIDENT: URGENT NEED FOR EQUALITY IN SCHOOLS

AUTHOR – SHNEHA ROY, STUDENT AT THE WEST BENGAL NATIONAL UNIVERSITY OF JURIDICAL SCIENCE

BEST CITATION – SHNEHA ROY, MUZAFFARNAGAR INCIDENT: URGENT NEED FOR EQUALITY IN SCHOOLS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 393-399, APIS – 3920 – 0001 & ISSN – 2583-2344

Last year, the Supreme Court of India allowed a writ petition in Tushar Gandhi vs. the State of Uttar Pradesh^[1] to strongly criticize the UP Government for its failure to implement a previous order regarding the Muzaffarnagar slapping incident in the school itself, where classmates slapped a Muslim student under a teacher’s instruction. The Apex Court describes the state’s handling of the situation as “shocking”, especially its non compliance in providing counselling for both the victims and the classmates involved and its delay in transferring the victim to a new school. The case highlights the violation of Article 14^[2], which states the equality in the eyes of law; Article 15^[3], which prohibits discrimination on the grounds of religion as the student faced discriminatory treatment; Article 16^[4], which ensures equality and non-discrimination in public institutions; Article 21^[5], which aims to provide the Right to life, dignity and personal liberty and corresponds to that the Article 21A^[6] states the Right to Education Act (RTE) of the Constitution, underscoring the need for prompt action by authorities to hold the constitution rights and provide fair treatment to all student irrespective of their backgrounds.

KEYWORD: Right to Education Act, Muzaffarnagar, Supreme Court, Articles 14, 15, 16, 21 and 21A

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[1] Tushar Gandhi v. State of Uttar Pradesh And Ors. [W.P.(Crl.) No. 406/2023 PIL-W]

[2] The Constitution of India, 1950, Arts. 14

[3] The Constitution of India, 1950, Arts. 15

[4] The Constitution of India, 1950, Arts. 16

[5] The Constitution of India, 1950, Arts. 21

[6] The Constitution of India, 1950, Arts. 21A

BEHIND THE VEIL: PROMOTERS, POWER & LEGAL ACCOUNTABILITY IN CORPORATE FRAUD

THE ALCHEMY OF POWER—WHEN VISION TURNS VICIOUS AND LAW HUNTS THE INVISIBLE HAND

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AUTHOR – SUSHAVAN DAS, STUDENT AT BRAINWARE UNIVERSITY, KOLKATA, WEST BENGAL

BEST CITATION – SUSHAVAN DAS, BEHIND THE VEIL: PROMOTERS, POWER & LEGAL ACCOUNTABILITY IN CORPORATE FRAUD – THE ALCHEMY OF POWER—WHEN VISION TURNS VICIOUS AND LAW HUNTS THE INVISIBLE HAND, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 373-392, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

In the evolving landscape of Indian corporate governance, the promoter emerges as a paradoxical figure—both the architect of enterprise and, at times, the orchestrator of its undoing. This paper undertakes a doctrinal and analytical exploration of promoter-led corporate fraud, dissecting the legal anatomy of fiduciary breach, regulatory evasion, and judicial accountability. Anchored in the statutory framework of the Companies Act, 2013, SEBI Regulations, and the Bharatiya Nyaya Sanhita, 2023, the study interrogates whether India’s legal architecture is sufficiently robust to deter, detect, and prosecute promoter misconduct.

Through a meticulous examination of landmark cases such as Satyam Computers, DHFL, and IL&FS, the research traces patterns of fund diversion, insider trading, and shell entity creation—each revealing systemic vulnerabilities in enforcement and oversight. The paper also delves into judicial doctrines like piercing the corporate veil and promoter liability beyond incorporation, highlighting their inconsistent application and limited deterrent effect.

Comparative insights from jurisdictions like the UK, US, and Singapore offer a global lens on fiduciary standards, disclosure norms, and enforcement efficacy, underscoring India’s need for reform. The study posits that while promoters wield disproportionate control over corporate affairs, the legal system often lags in holding them accountable—creating a chasm between statutory intent and enforcement reality.

Ultimately, this research advocates for a recalibration of India’s corporate governance ethos—one that balances entrepreneurial freedom with ethical restraint, and innovation with integrity. By illuminating the legal fault lines and proposing targeted reforms, the paper contributes to the broader discourse on transparency, stakeholder protection, and the future of corporate accountability in India.

Keywords:Promoter misconduct, corporate fraud, fiduciary breach, regulatory evasion, judicial accountability, veil piercing, SEBI regulations, Companies Act 2013, insider trading, governance reform

CONTEMPORARY AND EMERGING ISSUE IN INTELLECTUAL PROPERTY RIGHTS

AUTHOR -SAKSHI SRIVASTAVA, STUDENT AT AMITY LAW SCHOOL

BEST CITATION – SAKSHI SRIVASTAVA, CONTEMPORARY AND EMERGING ISSUE IN INTELLECTUAL PROPERTY RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 362-372, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The rise of Artificial Intelligence (AI) has significantly altered the realm of creativity and innovation. AI systems are now capable of autonomously creating artistic, literary, and musical works that were previously thought to be solely within the purview of human creativity. This increasing capability of machines to produce original content introduces intricate legal dilemmas regarding authorship, ownership, and originality in the context of copyright law. Conventional copyright frameworks, such as the Indian Copyright Act of 1957, operate under the premise that only a natural person can be recognized as an author, thereby placing AI-generated works in a legal ambiguity. This research paper explores the challenges that AI-generated content presents to current copyright standards, with a particular emphasis on originality, authorship, and moral rights. It evaluates the strategies adopted in jurisdictions like the United States, the United Kingdom, and the European Union, in addition to the ongoing international dialogues spearheaded by the World Intellectual Property Organization (WIPO). The study concludes that although AI has broadened creative horizons, copyright law must adapt to reconcile innovation, human input, and equitable legal acknowledgment in the digital age.

KEYWORDS- Artificial Intelligence (AI); Creativity; Copyright Law; Authorship; Originality; Ownership; Moral Rights; Indian Copyright Act, 1957; AI-generated Content

SOCIAL MEDIA TRIALS IN INDIA: A COMPREHENSIVE ANALYSIS OF LEGAL IMPLICATIONS AND SOCIETAL IMPACT

AUTHOR – ADHIL AHAMED .K, LLM (CRIMINAL LAW) STUDENT AT CRESCENT SCHOOL OF LAW B S ABDUR RAHMAN CRESCENT INSTITUTE OF SCIENCE AND TECHNOLOGY, TN.

BEST CITATION – ADHIL AHAMED .K, SOCIAL MEDIA TRIALS IN INDIA: A COMPREHENSIVE ANALYSIS OF LEGAL IMPLICATIONS AND SOCIETAL IMPACT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 353-361, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This research paper investigates the rise of “social media trials” in India and their profound impact on the legal system, media landscape, and societal attitudes towards justice. With the widespread adoption of social media platforms, India has witnessed a surge in virtual trials conducted online, blurring the boundaries between public opinion, media coverage, and the judicial process.

The study explores significant instances of social media trials in India, such as the Nirbhaya case and the Aarushi Talwar murder case, analyzing their legal and societal implications. It delves into the ethical considerations surrounding trial by public opinion, examining the consequences of online harassment and cyberbullying on the mental health and privacy of the accused, victims, and witnesses. Moreover, the paper examines the legal framework governing social media trials, drawing insights from the Indian Penal Code, the Information Technology Act, and the Contempt of Courts Act. It highlights how these frameworks regulate issues like defamation, hate speech, cyberbullying, and privacy violation in the context of social media trials.

The symbiotic relationship between social media and traditional media is also explored, emphasizing how social media narratives transcend the virtual realm to influence mainstream media coverage. The research paper delves into the societal consequences of social media trials, including polarization and divisiveness, calling for legal reforms to protect privacy, ensure data security, and strike a balance between freedom of expression and privacy in the digital age.

HUMAN TRAFFICKING IN INDIA

AUTHOR – ADHIL AHAMED .K, LLM (CRIMINAL LAW) STUDENT AT CRESCENT SCHOOL OF LAW B S ABDUR RAHMAN CRESCENT INSTITUTE OF SCIENCE AND TECHNOLOGY, TN.

BEST CITATION – ADHIL AHAMED .K, HUMAN TRAFFICKING IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 348-352, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract :

                            Female trafficking for sexual exploitation (SE) is one of the major problems in India. Young females are particularly vulnerable to this crime. Existing state machinery is somewhat deficient in its tactical and technical doctrines to combat the challenges posed in this regard. The current study attempted to understand the spatiality of female trafficking in India, which can inform combat strategies. We considered a systematic review of published quantitative and qualitative kinds of literature. Potentially relevant articles for systematic review were identified by searching bibliographical databases. A mixed-method was deployed to analyze deemed necessary for inclusion of female trafficking for sexual exploitations. Data were analyzed qualitatively by using thematic analysis and using Arc-GIS to appreciate the data geographically. The results were collated and analyzed concerning fulfilling the key objectives of the review. A large number of children and women trafficked for SE in India. Trafficking for commercial sexual exploitation occurs particularly in poverty-stricken regions and vulnerable populations. Tribal people have mainly been pushed into such activities. Additionally, it has given an opportunity for the enormous potential profits for those syndicates that were set up for organized crimes and independent traffickers. It is the fundamental right of women and children to be protected from any forms of trafficking and to be treated with dignity. Therefore, it requires a comprehensive anti-human trafficking strategy that embedded in a human rights approach since the violation of human rights is both the cause as well as the consequence of human trafficking.

EVOLUTION OF GREEN TECHNOLOGIES IN THE MOTOR VEHICLE SECTOR

AUTHOR – MANAV DUTT GAUR, STUDENT AT GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY

BEST CITATION – MANAV DUTT GAUR, EVOLUTION OF GREEN TECHNOLOGIES IN THE MOTOR VEHICLE SECTOR, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 342-347, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

I aim to analyse the Right to Clean Environment vis-a-vis introduction of Electric & Hybrid Vehicles under the various initiatives undertaken by the Government of India and the subsequent needful amendments to The Motor Vehicle Act, 1988, The Central Motor Vehicle Rules 1989 and the development of the legal eco-system thereof. The focus of the paper would be to throw light on the action plans undertaken by the Indian legislature with respect to the systematic and chronological development brought forth by the Indian judiciary stepping up from the role of interpreters of law to provide modern day solutions to modern day problems to ensure the fundamental right of the clean environment enshrined in the Part III of the Constitution of India. The paper also analyses whether the definition of Alteration in motor vehicle as provided by the section 52 of the Motor Vehicle Act, 1988 is proficient to answer whether conversion to alternate fuel technology is a legally acceptable “alteration” under the scheme of the act and the recent amendments with respect to Electric Vehicles thereof. This also analyses the development of the Central motor vehicle rules and the standard of such conversions.

The rapid urbanization that fuels the growth of India has contributed to the tremendous increase in the number of motor vehicles plying on the roads. This exponential increase in the fleet of vehicles brings increased mobility and serves as a catalyst for better connectivity and opportunities of social, economic and cultural growth on one hand while creating an effect similar to choking with the vehicular pollution as one of the main sources of air pollution18 that chokes rural and urban India. According to the website of The Transport department of Delhi, the registered vehicular population has reached nearly three times to 7.6 million from 2.2 million in 1994, registering a growth rate of 14% per annum. Where around two-Third of the registered Motor Vehicles are two-wheelers.