Author: PRASANNASRI26092001

  • UNDERSTANDING THE LEGAL FRAMEWORK FOR FRANCHISING IN INDIA

    UNDERSTANDING THE LEGAL FRAMEWORK FOR FRANCHISING IN INDIA

    AUTHOR – ROHANASRI.K* & MARUTHAVIJAYAN**

    * STUDENT AT SCHOOL OF EXCELLENCE  IN LAW, TAMILNADU DR.AMBEDKAR LAW UNIVERSITY.

    ** ASSISTANT PROFESSOR AT SCHOOL OF EXCELLENCE IN LAW, TAMILNADU DR.AMBEDKAR LAW UNIVERSITY

    BEST CITATION – ROHANASRI.K* & MARUTHAVIJAYAN, UNDERSTANDING THE LEGAL FRAMEWORK FOR FRANCHISING IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 66-70, APIS – 3920 – 0001 & ISSN – 2583-2344

    Abstract :

    Franchising in India functions within a broad legal framework, as there is no specific law dedicated solely to franchising. Franchise agreements are primarily governed by the Indian Contract Act, 1872, which requires clear terms on the rights and responsibilities of both parties. Intellectual property rights are safeguarded through the Trade Marks Act, 1999 and the Copyright Act, 1957. The Competition Act, 2002 ensures that franchise agreements do not restrict competition, while the Consumer Protection Act, 2019 holds businesses accountable for service standards. Franchise fees and royalties are subject to GST, and foreign franchisors must comply with FEMA regulations regarding royalty payments. In the absence of a dedicated franchising law, judicial rulings and industry practices influence franchise operations. Given the sector’s rapid growth, there is a need for more specific regulations to ensure sustainable and compliant franchise models.

    Key words ; Franchising, FEMA, Rapid growth, GST, Ensure sustainable

  • INDIA TOWARDS ACHIEVING SUSTAINABLE DEVELOPMENTAL GOALS

    INDIA TOWARDS ACHIEVING SUSTAINABLE DEVELOPMENTAL GOALS

    AUTHOR –KAVIYARASU K* & DR. S. MARUTHAVIJAYAN**

    * STUDENT AT SCHOOL OF EXCELLENCE IN LAW(TNDALU)

    ** ASSISTANT PROFESSOR, SOEL, TNDALU

    BEST CITATION – KAVIYARASU K & DR. S. MARUTHAVIJAYAN, INDIATOWARDS ACHIEVING SUSTAINABLE DEVELOPMENTAL GOALS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 56-65, APIS – 3920 – 0001 & ISSN – 2583-2344

    ABSTRACT

    The concept of sustainable development has undergone various developmental phases since its introduction. It is very much clear that we won’t be able to maintain our quality of life or the health of the planet’s ecosystems without acknowledging and limiting the harm we inflict to it every day. This paper mainly aims to make understand what is sustainable developmental goals and why it is so essential for our nation’s growth, it also discusses the challenges faced by India towards the sustainable development goals, this study also discusses some of the most important global problems we are currently facing And the progress implementations of SGDs and it’s success in India and also states the budget allocated for SDGs.

    KEYWORDS: SUSTAINABLE DEVELOPMENTAL GOALS – QUALITY OF LIFE – HEALTH – CHALLENGES – GLOBAL PROBLEMS – PROGRESS OF SDGs – BUDGET-

  • MEDICAL MALPRACTICE IN GOVERNMENT HOSPITALS IN INDIA: BRIDGING THE GAP BETWEEN LEGAL PROTECTIONS AND ACCOUNTABILITY

    MEDICAL MALPRACTICE IN GOVERNMENT HOSPITALS IN INDIA: BRIDGING THE GAP BETWEEN LEGAL PROTECTIONS AND ACCOUNTABILITY

    AUTHOR – VASUNDHRA* AND SACHIN KUMAR**

    * STUDENT AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY

    ** ASSISTANT PROFESSOR AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY

    BEST CITATION – VASUNDHRA AND SACHIN KUMAR, MEDICAL MALPRACTICE IN GOVERNMENT HOSPITALS IN INDIA: BRIDGING THE GAP BETWEEN LEGAL PROTECTIONS AND ACCOUNTABILITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 45-55, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT

    This study appraises the malady that ails the Indian nation under its governmental hospitals-the cumulative systematic flaws barred by reason of the medical malpractice concept. It has brought up the legal and institutional divide between safeguards for public healthcare providers and liability to patients. These very government hospitals are the ones that uphold the health care system of India, especially for the economically weaker sections of society, and they have been constantly buffeted by challenges of overcrowding, understaffing, crumbling facilities, etc. The problem exists in the laws-in spite of-constitution (and exceptions in law to tort action), the Consumer Protection Act, and various criminal laws-all of which offer avenues for redress but are lethargic in justice owing to procedural bottlenecks with almost clause-like protectionism accorded by Section 218 of the Bharatiya Nagarik Suraksha Sanhita. It provides for prosecution only upon prior sanction of the government for a public servant. Judgment analysis takes landmark cases such as Jacob Mathew v. State of Punjab to reflect the judiciary’s view in placing culpability upon an actor of causing harm and proving an insurmountable evidentiary threshold in those cases. These proceedings are especially debilitating to victims: from statutory immunities through long procedural delays and lack of legal awareness within the community, extending to institutional opacity. They coalesce to provide negligence with protection from scrutiny. The studies propose sweeping reforms with amendments to statutory immunities, broaden the scope for no-fault compensation schemes, make mandatory reporting of adverse events, and undertake infrastructure and mediation mechanisms. This raises other questions regarding the statutory protections and institutional weaknesses that lead to an urgent need for a more balanced legal regime in sustaining patient rights and enabling public healthcare practitioners. Redressing these gaps is a matter that urgently warrants serious consideration if the constitutional promise of the right to health under Article 21 is to be fulfilled.Keywords: Medical negligence, Government hospitals, Public healthcare accountability, Section 218 BNSS, Consumer Protection Act, Article 21, Judicial precedents, Health law reform

  • ARTIFICIAL INTELLIGENCE AND INNOVATION: A CRITICAL STUDY OF ITS IMPACT ON PATENT LAW

    ARTIFICIAL INTELLIGENCE AND INNOVATION: A CRITICAL STUDY OF ITS IMPACT ON PATENT LAW

    AUTHOR – PRIYANKA BHATT* & MS. PRIYANKA GUPTA**

    * STUDENT AT AMITY LAW SCHOOL, NOIDA

    ** ASSISTANT PROFESSOR, AMITY UNIVERSITY, NOIDA

    BEST CITATION – PRIYANKA BHATT & MS. PRIYANKA GUPTA, ARTIFICIAL INTELLIGENCE AND INNOVATION: A CRITICAL STUDY OF ITS IMPACT ON PATENT LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 32-44, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTARCT

    The rapid development of Artificial Intelligence (AI) has significantly transformed industries and sectors globally, including the realm of intellectual property (IP) law. With AI-driven innovations proliferating, traditional frameworks of patent law are being increasingly challenged, particularly in determining the patentability of AI-generated inventions. This dissertation critically examines the impact of AI on patent law, focusing on the emerging legal and practical issues that arise in the context of AI-driven inventions. The study explores the intersection of AI technology and patent law, assessing how current patent frameworks address—or fail to address—AI’s capacity for creating novel inventions. It delves into the criteria for patentability, including novelty, inventiveness, and utility, while analyzing how AI-generated inventions raise unique challenges in meeting these requirements. By investigating case studies, legal precedents, and international patent laws, this dissertation evaluates the global responses to the evolving role of AI in innovation. Ultimately, this work aims to provide a comprehensive analysis of how AI is reshaping patent law, offering critical insights for policymakers, legal professionals, and scholars in navigating the complex challenges at the intersection of innovation, technology, and intellectual property.

    KEYWORDS:

    Artificial Intelligence (AI), Patent Law, Intellectual Property (IP), AI-Generated Inventions, Patentability, Innovation, Novelty, Inventiveness, Utility, Intellectual Property Rights (IPR), Legal Framework, Patent Reform, International Patent Law, Comparative Analysis, AI and Technology Law, Regulatory Framework, AI Ethics,.

  • A CRITICAL STUDY ON ENVIRONMENTAL REGULATIONS ON PRODUCTION COST

    A CRITICAL STUDY ON ENVIRONMENTAL REGULATIONS ON PRODUCTION COST

    AUTHOR – B.MEGASREE* & DR.S.MARUTHAVIJAYAN**

    * STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TAMILNADU DR.AMBEDKAR LAW UNIVERSITY, CHENNAI. EMAIL – MEGASREE28012005@GMAIL.COM

    ** ASSISTANT PROFESSOR, SCHOOL OF EXCELLENCE IN LAW, TAMILNADU DR.AMBEDKAR LAW UNIVERSITY, CHENNAI. EMAIL – MARADHU.LAWYER@GMAIL.COM

    BEST CITATION – B.MEGASREE & DR.S.MARUTHAVIJAYAN, A CRITICAL STUDY ON ENVIRONMENTAL REGULATIONS ON PRODUCTION COST, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 23-31, APIS – 3920 – 0001 & ISSN – 2583-2344.

    Abstract:

    This paper critically examines the influence of environmental regulations on production costs within the industrial landscape of India. With the global emphasis on sustainable development and environmental protection, governments, including India, have enacted stringent regulations aimed at mitigating environmental degradation. However, the implementation of such regulations often poses challenges to industries, particularly in terms of increased production costs. Through a thorough analysis of existing literature, regulations, and empirical evidence, this paper aims to assess the economic implications of environmental compliance for businesses in India. Additionally, it seeks to identify potential strategies for harmonising environmental sustainability with industrial productivity.

     Keywords: Sustainability,Industrial Sector,Compliance,Economic implications,Mitigation                         strategies,Environmental laws,Competitiveness

  • AN ANALYTICAL STUDY OF CIVIL AND MATRIMONIAL MATTER IN INDIA

    AN ANALYTICAL STUDY OF CIVIL AND MATRIMONIAL MATTER IN INDIA

    AUTHOR – SHREYA VERMA* & DR AXITA SHRIVASTAVA**

    * STUDENT AT AMITY UNIVERSITY LUCKNOW

    ** PROFESSOR AT AMITY UNIVERSITY LUCKNOW

    BEST CITATION – SHREYA VERMA & DR AXITA SHRIVASTAVA, AN ANALYTICAL STUDY OF CIVIL AND MATRIMONIAL MATTER IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 13-22, APIS – 3920 – 0001 & ISSN – 2583-2344.

    Abstract

    This research paper presents a comprehensive and analytical exploration of the multifaceted domain of civil and matrimonial law, emphasizing its critical role in shaping societal structures and individual rights.   

    It examines the historical evolution of these legal frameworks, tracing their development through colonial influences and post-independence reforms, and underscores the foundational principles that govern civil relationships and matrimonial institutions in India. By delving into landmark judicial pronouncements, pivotal statutory provisions, and the dynamic interaction between law and contemporary social challenges, the paper provides a nuanced understanding of how civil and matrimonial laws operate within the broader justice delivery system.  

     Key themes such as marriage validity, divorce, maintenance, child custody, and gender justice are addressed in detail. The study also investigates the impact of legal pluralism, procedural complexities, and societal transformations on the implementation of these laws.   

    Furthermore, it critically assesses the performance of family courts and the judiciary in delivering timely and equitable justice in matrimonial disputes. By identifying persistent challenges—such as delayed proceedings, gender biases, and lack of uniformity—the paper proposes pragmatic reforms aimed at improving access to justice, ensuring legal consistency, and fostering a more inclusive and responsive legal framework for addressing civil and matrimonial matters in modern India.

  • CROSS- CULTURAL CHALLENGES IN INTERNATIONAL BUSINESS: A STUDY

    CROSS- CULTURAL CHALLENGES IN INTERNATIONAL BUSINESS: A STUDY

    AUTHOR – TEESHA C* & MARUTHAVIJAYAN**

    * STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TAMILNADU DR. AMBEDKAR LAW UNIVERSITY. EMAIL – TEESHATALEDA@GMAIL.COM

    ** ASSISTANT PROFESSOR AT SCHOOL OF EXCELLENCE IN LAW, TAMILNADU DR. AMBEDKAR LAW UNIVERSITY. EMAIL0 MARUDHU.LAWYER@GMAIL.COM

    BEST CITATION – TEESHA C & MARUTHAVIJAYAN, CROSS- CULTURAL CHALLENGES IN INTERNATIONAL BUSINESS: A STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 01-11, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT

    In the era of globalization, cross-cultural management has become a critical aspect of international business. Companies operating across borders face numerous challenges, including communication barriers, differences in leadership styles, cultural misunderstandings, and variations in workplace ethics. Effective cross-cultural management requires cultural intelligence, adaptability, and a deep understanding of diverse business practices. This paper explores key challenges faced by multinational corporations (MNCs) and strategies to overcome them, such as cultural training, inclusive leadership, and global teamwork. By addressing these challenges, businesses can enhance collaboration, improve employee engagement, and achieve sustainable global success.

    Keywords: Cross-cultural management, international business, globalization, cultural intelligence, leadership styles, communication barriers, multinational corporations, workplace diversity

  • EXAMINING THE LEGAL AND ETHICAL ASPECTS OF BIOMETRIC SURVEILLANCE IN PUBLIC SPACES

    EXAMINING THE LEGAL AND ETHICAL ASPECTS OF BIOMETRIC SURVEILLANCE IN PUBLIC SPACES

    AUTHOR – SHIV OM TRIPATHI* & MS ASTHA SRIVASTAVA**

    * STUDENT AT AMITY UNIVERSITY LUCKNOW

    ** ASSISTANT PROFESSOR AT AMITY UNIVERSITY LUCKNOW

    BEST CITATION -SHIV OM TRIPATHI & MS ASTHA SRIVASTAVA, PROTECTION OF INDIVIDUAL RIGHTS AND MAINTAINING SANCTITY OF MARRIAGE : A LEGAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 1011-1016, APIS – 3920 – 0001 & ISSN – 2583-2344

    Abstract

    Biometric monitoring, which uses technologies like scanning faces and fingerprints, is growing in popularity in public places like airports and streets around the world. It’s true that these technologies help the police and make the world safer, but they also bring up important moral and legal questions about privacy, approval, and abusive use. This article examines biometric monitoring from all sides, including the various laws that apply in various locations and the moral concerns it brings up. The first part of the study looks at international law through the lenses of UDHR and ICCPR texts. The article examines how these global rules handle issues of privacy when it comes to spying. The General Data Protection Regulation (GDPR) of the EU is one example of a national rule that is further explained.

    Keywords: Biometric surveillance, facial recognition, privacy, security, GDPR, BIPA, Aadhaar, informed consent, discrimination, legal frameworks, ethical concerns, public safety, civil liberties, global cooperation.

  • PROTECTION OF INDIVIDUAL RIGHTS AND MAINTAINING SANCTITY OF MARRIAGE : A LEGAL ANALYSIS

    PROTECTION OF INDIVIDUAL RIGHTS AND MAINTAINING SANCTITY OF MARRIAGE : A LEGAL ANALYSIS

    AUTHOR – PALLAVI GUPTA* & DR. RESHMA UMAIR**

    * STUDENT AT AMITY UNIVERSITY

    ** ASSISTANT PROFESSOR AT AMITY UNIVERSITY

    BEST CITATION -PALLAVI GUPTA & DR. RESHMA UMAIR, PROTECTION OF INDIVIDUAL RIGHTS AND MAINTAINING SANCTITY OF MARRIAGE : A LEGAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 998-1010, APIS – 3920 – 0001 & ISSN – 2583-2344

    ABSTRACT

    This paper provides a comprehensive legal analyses of Matrimonial disputes encompassing both Civil and Criminal cases within Indian context. It examines the legal frameworks provided under personal law (special emphasis is on Hindu Marriage Act) and secular statute to be precise Bharatiya Nagarik Suraksha Sanhita, 2023 and Bharatiya Nyaya Sanhita,2023.

    The research delves into civil aspects like legal procedures and judicial approaches concerning marriage validity, divorce, judicial separation, maintenance, alimony and child custody. It also addresses criminal offences arising within marriage such as dowry, domestic violence, bigamy, harassment and cruelty.

    Furthermore, it explores the role of courts in resolving disputes related to marriage by analyzing judicial interpretations and landmark cases. Paper also contains landmark cases relating to the provisions of Hindu Marriage Act,1955, along with the study on some recent case laws.

    The objective of this paper is to provide a discourse on how current legal system and judicial interpretations or pronouncements ensure the protection of individual rights within Matrimonial relationships.

    Indian courts and lawmakers have attempted to maintain a delicate balance between safeguarding the fundamental rights of individuals particularly the right to equality, dignity, and protection from abuse while simultaneously preserving the institution of marriage as a vital social foundation. Judicial interpretations have often walked a fine line between promoting personal liberty and discouraging frivolous litigation or the misuse of protective provisions. Family courts, with their emphasis on conciliation and non-adversarial processes, reflect this balanced approach by prioritizing reconciliation and mediation where feasible, without compromising justice. The research also focuses on this aspect that how a baland is made through legislation and by Courts to protect the sanctity of marriage and balance the rights of individuals

  • GIG WORKERS AND THE CONSTITUTION REDEFINING EMPLOYMENT RIGHTS IN THE 21ST CENTURY

    GIG WORKERS AND THE CONSTITUTION REDEFINING EMPLOYMENT RIGHTS IN THE 21ST CENTURY

    AUTHOR: S. HARISH KUMAR, STUDENT AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES(SIMATS), CHENNAI

    BEST CITATION -S. HARISH KUMAR, GIG WORKERS AND THE CONSTITUTION REDEFINING EMPLOYMENT RIGHTS IN THE 21ST CENTURY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 986-997, APIS – 3920 – 0001 & ISSN – 2583-2344

    ABSTRACT:

    Introduction: The rise of the gig economy has reshaped the landscape of employment across the globe. In India, millions are now part of this informal workforce—engaged as delivery partners, ride-share drivers, freelance professionals, and digital content creators. Despite their growing economic contribution, gig workers often remain outside the purview of traditional labor protections such as minimum wage, social security, and the right to unionize. Objectives: To analyze the current legal status of gig workers under Indian labor laws. To assess the compatibility of gig work with constitutional rights like the right to equality, dignity, and livelihood. To identify gaps in existing legal frameworks concerning gig employment. Methodology: Research Type: Doctrinal and qualitative research. Primary sources: Constitutional provisions, Supreme Court judgments, labor codes. Secondary sources: Articles, research papers, government reports, media reports, case studies.  Findings: Legal Ambiguity: Gig workers fall into a grey zone—not recognized as employees, but also not completely independent contractors. Conclusion: The gig economy represents the future of work, but it also raises critical questions about employment rights, worker welfare, and the applicability of constitutional protections. As India embraces digital labor platforms, there is an urgent need to redefine employment frameworks to include gig workers within the ambit of labor rights and social justice.

    KEYWORD:-

    Gig economy, gig workers, employment rights, Indian Constitution, labor laws, right to livelihood.