Author: PRASANNASRI26092001

LEGAL AND REGULATORY APPROACHES TO TECHNOLOGY IN BANKING

AUTHOR – SANJANA AGARWAL, STUDENT AT AMITY LAW SCHOOL, NOIDA, UP

BEST CITATION – SANJANA AGARWAL, LEGAL AND REGULATORY APPROACHES TO TECHNOLOGY IN BANKING, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 864-873, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The accelerated introduction of technology in the banking industry has transformed financial services, providing improved efficiency, accessibility, and innovation. In India, various digital initiatives like the Unified Payments Interface (UPI), digital lending platforms, artificial intelligence (AI)-based credit scoring, and blockchain technologies have greatly revamped conventional banking. These development processes have, however, created a series of legal and regulatory issues, such as data privacy and protection, cybersecurity risks, algorithmic discrimination, financial fraud, and regulatory arbitrage.

This article critically reviews the legal and regulatory strategies implemented in India to counter these challenges. It discusses major frameworks and guidelines released by the Reserve Bank of India (RBI), the Ministry of Electronics and Information Technology (MeitY), and other concerned authorities. The study highlights the role of instruments such as the RBI’s digital lending guidelines, regulatory sandboxes, and IT risk management directives in fostering a balance between innovation and regulation. Furthermore, it considers the gaps in existing laws, such as the absence of a comprehensive data protection regime, and evaluates how India can align its policies with global best practices.

Finally, the article advocates a coordinated, responsive, and future-oriented regulatory approach in order to match technological advances in banking with legal protection and institutional strength.

DATA WITHOUT CONSENT: THE COPYRIGHT DILEMMA IN AI DEVELOPMENT

AUTHOR –MEGHNA NAIR, STUDENT OF LL.M – IP, AMITY UNIVERSITY, NOIDA

BEST CITATION – MEGHNA NAIR, DATA WITHOUT CONSENT: THE COPYRIGHT DILEMMA IN AI DEVELOPMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 856-863, APIS – 3920 – 0001 & ISSN – 2583-2344

I. ABSTRACT

This paper critically examines the role of data mining in the development of artificial intelligence (AI), especially in the context of copyright law. As AI systems increasingly rely on large-scale datasets, many comprising copyrighted works for training, the practice of text and data mining (TDM) has become a double-edged sword. On the one hand, it serves as a cornerstone of innovation, enabling machines to simulate human-like reasoning and generate sophisticated outputs. On the other, it raises serious legal and ethical concerns regarding the unauthorized use of protected intellectual property. The legal vacuum that exists in jurisdictions like India, and the ramifications for authors’ economic and moral rights are explored along with the evolution and mechanics of data mining in AI development. It delves into critical jurisprudential debates, discussing real-world legal disputes such as the ANI v. OpenAI case to illustrate the urgent need for regulatory clarity. By analysing both the supportive and critical perspectives on data mining in AI, the necessity of a balanced framework, one that fosters innovation without undermining the foundational principles of copyright and authorship is pressed upon.

ANALYSIS OF ARBITRATION AND IT’S EFFECTIVENESS

AUTHOR – PARIDHI GOEL, STUDENT AT INDRAPRASTH UNIVERSITY DELHI

BEST CITATION – PARIDHI GOEL, ANALYSIS OF ARBITRATION AND IT’S EFFECTIVENESS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 847-855, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

In recent decades, India’s legal ecosystem has encountered immense pressure owing to burgeoning case backlogs and procedural inefficiencies in traditional courts. With over four crore cases pending across different judicial levels, there is a compelling need to adopt efficient, cost-effective, and timely alternatives for dispute resolution. In this context, arbitration—an integral component of Alternative Dispute Resolution (ADR)—has emerged as a potent mechanism, especially for resolving commercial and civil disputes. This paper presents a comprehensive analysis of arbitration in India, its historical roots, legislative evolution, practical application, and its effectiveness in the present day.

“CROSS-BORDER MERGERS AND ACQUISITIONS IN CHINA AND INDIA: A STUDY OF REGULATORY AND MARKET DYNAMICS”

AUTHOR -“ANSHIKA CHAUDHARY* &  PROF. (DR.) ARVIND P BHANU**

* STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, NOIDA, UTTAR PRADESH. EMAIL – ANSHIKACHA@GMAIL.COM

** PROFESSOR OF LAW, RESEARCH AND ADDL. DIRECTOR/JT. HOI, AMITY LAW SCHOOL, AMITY UNIVERSITY, NOIDA”

BEST CITATION – ANSHIKA CHAUDHARY &  PROF. (DR.) ARVIND P BHANU, CROSS-BORDER MERGERS AND ACQUISITIONS IN CHINA AND INDIA: A STUDY OF REGULATORY AND MARKET DYNAMICS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 839-846, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

In light of the ability to promote economic growth, market consolidation and technical improvement, cross-border mergers and acquisitions (M&A) have become essential instruments for business expansion. Due to the growing economies and rising foreign direct investment (FDI), nations like China and India have seen a spike in cross-border M&A activity as globalisation picks up speed. Despite the fact that both countries are key participants in international M&A, there are notable differences between their regulatory environments, economic policies and market dynamics. Historically, China has upheld a state-controlled system in which foreign investment is heavily regulated by the government. Foreign investors frequently encounter obstacles in vital industries due to stringent regulatory clearances, sectoral limitations and protectionist policies. However, Chinese corporations have been able to increase their worldwide footprint, especially in the industrial, technology and energy sectors, thanks to the country’s outward M&A policy, which is led by state-backed enterprises.

In contrast, India has taken a more liberal stance, especially following the 1991 economic reforms. A more open environment is offered to foreign acquirers by the regulatory framework, which includes the “Companies Act of 1956”, SEBI rules, and the “Competition Act of 2002”. Additionally, Indian companies have actively moved outside, purchasing assets in the consumer goods, pharmaceutical, and technology industries. The benefits and drawbacks of both models are examined in this comparative study of the commercial, legal, and economic aspects of cross-border M&A in China and India. Policymakers and companies may create plans to increase investment prospects, lessen regulatory obstacles, and boost market competitiveness in both economies by being aware of these distinctions.

Keywords

Cross-Border Mergers and Acquisitions, Foreign Direct Investment (FDI), Regulatory Framework, Economic Liberalization, China-India Comparison, Corporate Expansion

GUARDIANSHIP AND CHILD CUSTODY UNDER MUSLIM LAW AND SUGGESTED REFORMS

AUTHOR – AYUSHI MISHRA, STUDENT AT BANASTHALI VIDYAPEETH

BEST CITATION – AYUSHI MISHRA, GUARDIANSHIP AND CHILD CUSTODY UNDER MUSLIM LAW AND SUGGESTED REFORMS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 827-838, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The laws are not static they changes with the demand of time.  The law governing custody of children is closely linked with that of guardianship. Guardianship in Muslim Law refers to a bundle of rights and powers that an adult has in relation to the person and property of a minor Muslim, while custody is a narrower concept relating to the upbringing and day-to-day care and control of the minor. The term custody‘ is not defined in any Indian family law, whether secular or religious. The term guardian‘ is defined by the Guardians and Wards Act, 1890 (hereinafter, GWA) as a ―person having the care of the person of a minor or of his property or of both his person and property[1].

For eradicating the loopholes in guardianship law under Muslim law there sine quo non reforms should be applied. Changes that are necessary in section 17,19 and 25 of guardianship and wards act,1890 reforms suggested by law commission report 257 on custody laws. Reform in Islamic law on custody and guardianship as In Muslim law, for very young children, the mother is preferred to be the custodian, but the father always remains the natural guardian. The face of unequal child custody arrangements should be changing.  This trend has arisen largely in a response to changing familial roles (male care takers taking on more child rearing responsibilities) as well psychological studies revealing that the involvement of both parents in child rearing is preferable to sole custody arrangements[2]. However, such preferences for shared custody are often balanced with the ―best interest of the child standard and interest.

 Keywords – Guardianship, Miner, Custody, Best interest, Children, Care, Welfare.

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[1] Guardian and Wards Act, No. 8 of 1890] S. 4(2)

[2] Glover, R. & Steel, C., Comparing the Effects on the Child of Post-Divorce Parenting Arrangements, Journal of Divorce, Vol. 12 No. 2-3 (1989

MEDICAL BANKRUPTCY AND RIGHT TO HELP A CONSTITUTIONAL FAILURE ANALYZING HOW OUT OF POCKET EXPENSES VIOLATE FUNDAMENTAL RIGHT

AUTHOR – KHUSHI GOYAL* & DR. AKSHAY KUMAR**

* STUDENT AT LAW COLLEGE DEHRADUN, FACULTY OF UTTARANCHAL UNIVERSITY, DEHRADUN, INDIA

** ASSISTANT PROFESSOR AT LAW COLLEGE DEHRADUN, FACULTY OF UTTARANCHAL UNIVERSITY, DEHRADUN, INDIA

BEST CITATION – KHUSHI GOYAL & DR. AKSHAY KUMAR, MEDICAL BANKRUPTCY AND RIGHT TO HELP A CONSTITUTIONAL FAILURE ANALYZING HOW OUT OF POCKET EXPENSES VIOLATE FUNDAMENTAL RIGHT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 820-826, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Medical bankruptcy is a growing issue in India where millions of people face financial hardship annually because of high out-of-pocket medical expenses. Lack of funding for public healthcare and inadequate regulatory oversight put people at risk of catastrophic medical costs despite constitutional protections under Article 21 (Right to Life and Health) and Article 14 (Right to Equality). These precedents uphold the fundamental right to healthcare. This study highlights the urgent need for universal healthcare financing stricter price controls and increased insurance coverage to prevent health-induced poverty. It does this by referencing government reports Supreme Court decisions and international case studies. The study concludes that Indias failure to protect its citizens from the financial ruin caused by medical expenses is incompatible with its constitutional ideals and demands immediate legislative and policy changes. To guarantee justice equality and dignity for all citizens healthcare financing must be done according to a rights-based framework.

Keywords: Medical bankruptcy, fundamental right, right to health, healthcare.

CONCEPTUAL FRAMEWORK OF MEDIATION  

AUTHOR – VARUN SINGH* & MS.SHAILJA KHOSLA**

* STUDENT AT AMITY LAW SCHOOL,NOIDA

** ASSISTANT PROFESSOR AT AMITY LAW SCHOOL,NOIDA

BEST CITATION – VARUN SINGH & MS.SHAILJA KHOSLA, CONCEPTUAL FRAMEWORK OF MEDIATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 811-819, APIS – 3920 – 0001 & ISSN – 2583-2344

This chapter explores the conceptual foundation of mediation, offering a detailed understanding of its definition, types, processes, and underlying principles. Mediation is increasingly recognized as an effective method for resolving disputes in a variety of legal contexts, including family law, commercial disputes, and civil matters. The chapter begins by defining mediation and contrasts it with other forms of dispute resolution, followed by an analysis of the core principles, types of mediation, and the mediation process itself. The theoretical frameworks that support mediation practices are also examined, providing a comprehensive conceptual structure for understanding its role in the context of divorce proceedings in India. 

GROUNDS AND PROCEDURES – INDUSTRIAL APPLICABILITY OF ROLE OF BANKING SECTOR IN THE GROWTH OF SMALL AND MEDIUM ENTERPRISES: A COMPARATIVE STUDY

AUTHOR-  SIYA SHARMA* & DR. MEENU GUPTA**

* STUDENT OF LAW, AMITY LAW SCHOOL, NOIDA, UTTAR PRADESH. EMAIL – SIYA.SHARMA6@S.AMITY.EDU

.** PROFESSOR OF LAW, AMITY LAW SCHOOL, NOIDA. EMAIL – MGUPTA1@AMITY.EDU

BEST CITATION – SIYA SHARMA & DR. MEENU GUPTA, GROUNDS AND PROCEDURES – INDUSTRIAL APPLICABILITY OF ROLE OF BANKING SECTOR IN THE GROWTH OF SMALL AND MEDIUM ENTERPRISES: A COMPARATIVE STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 796-810, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

This research paper examines the grounds and procedures underlying the industrial applicability of banking sector initiatives in fostering Small and Medium Enterprise (SME) growth across different economic contexts. Through comparative analysis of banking practices, regulatory frameworks, and financing mechanisms in selected developed and emerging economies, the study identifies key industrial grounds that determine banking effectiveness in the SME sector. The findings reveal significant variations in procedural approaches to SME financing, with regulatory environments, institutional arrangements, and technological adoption emerging as critical determinants of successful industrial application. The paper concludes with actionable recommendations for optimizing banking procedures to enhance industrial SME growth while accommodating contextual differences across economic environments.

Keywords: Banking sector, SMEs, industrial financing, procedural frameworks, comparative analysis, economic development

FEMA’S ROLE IN INDIA’S CHANGING FDI POLCY LANDSCAPE

AUTHOR – VIDIT SANTOSH MISHRA, LLM SCHOLAR (CORPORATE BANKING AND INSURANCE LAW) ATAMITY LAW SCHOOL, NOIDA

BEST CITATION – VIDIT SANTOSH MISHRA, FEMA’S ROLE IN INDIA’S CHANGING FDI POLCY LANDSCAPE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 787-795, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

India’s journey toward economic liberalization brought about a significant transformation in the way foreign investments and foreign exchange were regulated. Replacing the rigid and restrictive Foreign Exchange Regulation Act (FERA), 1973, the enactment of the Foreign Exchange Management Act (FEMA), 1999 marked a progressive shift towards a more open and business-friendly environment. This paper explores the legal transition from FERA to FEMA and examines how FEMA has shaped India’s Foreign Direct Investment (FDI) landscape. By focusing on the regulatory flexibility introduced by FEMA—such as streamlined procedures, improved transparency, and investor-friendly mechanisms—the study highlights its influence on India’s investment climate. Additionally, it delves into structural reforms including the RBI’s regulatory role and sector-specific liberalization efforts. The research identifies areas where FEMA’s regulatory framework could be enhanced to address existing uncertainties and better support India’s long-term investment goals. Ultimately, this study offers legal insights that can contribute to making India a more dependable and competitive destination for global investors.

Keywords

Foreign Exchange Management Act (FEMA), Foreign Exchange Regulation Act(FERA), Foreign Direct Investment(FDI), Economic Liberalization, Regulatory Reform, RBI, Investment Law, Ease of Doing Business, Non-Debt Rules, Policy Framework, Legal Modernization.

IN THE CHANGING WORLD OF INTELLECTUAL PROPERTY RIGHTS: PATENTABILITY AND MARKET EXCLUSIVITY FOR ORPHAN DRUGS

AUTHOR – AKRITI SHUKLA, LLM SCHOLAR AT AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH (AUUP)

BEST CITATION – AKRITI SHUKLA, IN THE CHANGING WORLD OF INTELLECTUAL PROPERTY RIGHTS: PATENTABILITY AND MARKET EXCLUSIVITY FOR ORPHAN DRUGS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 776-786, APIS – 3920 – 0001 & ISSN – 2583-2344

Legislative Measures and Their Impact

4.1. The Orphan Drug Act of 1983:-

The Orphan Drug Act (ODA) of 1983 is a major piece of legislation in the United States that was enacted expressly to address the lack of incentives for discovering therapies for rare diseases. These uncommon diseases, sometimes known as “orphan diseases,” afflict a small percentage of the population—usually less than 200,000 persons in the United States at any given time. Prior to the ODA, pharmaceutical firms had little financial incentive to invest in research and development (R&D) for such tiny patient groups, owing to the high expenses and poor economic returns. The ODA attempted to address these issues by offering a variety of financial and regulatory incentives to support the development of orphan medications.