Author: PRASANNASRI26092001

ADR IN FAMILY LAW: HOW MEDIATION BENEFITS DIVORCE AND CUSTODY CASES

AUTHORS – SUMAN SINGH* & SACHIN KUMAR**,

* STUDENT AT LAW COLLEGE DEHRADUN FACULTY OF UTTARANCHAL UNIVERSITY. EMAIL -SUMANSINGH1108@GMAIL.COM.

** ASSISTANT PROFESSOR AT LAW COLLEGE DEHRADUN FACULTY OF UTTARANCHAL. EMAIL – UNIVERSITY.SACHINKUMAR@UTTARANCHALUNIVERSITY.AC.IN

BEST CITATION – SUMAN SINGH & SACHIN KUMAR, ADR IN FAMILY LAW: HOW MEDIATION BENEFITS DIVORCE AND CUSTODY CASES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 198-203, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

“Alternative Dispute Resolution (ADR) has become an essential tool in family law, especially in divorce and child custody conflicts. Mediation has emerged as a prominent alternative dispute resolution strategy, facilitating amicable conflict resolution while alleviating the emotional and financial strain on the parties involved^[1]. Mediation, in contrast to conventional litigation, provides a cooperative, non-contentious method that emphasises mutual consensus and the welfare of children.

This article examines the importance of mediation in family law, evaluating its advantages, obstacles, and legal structure across several countries. Mediation offers a systematic framework for divorcing partners to discuss matters including asset distribution, spousal support, child custody, and visitation rights with the assistance of an impartial third party. The procedure is discreet, economical, and more expedient than litigation, promoting a collaborative atmosphere that diminishes animosity between parties.

The essay examines significant legal decisions from India that have strengthened the function of mediation in familial conflicts. Cases such as K. Srinivas Rao v. D.A. Deepa (2013), Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co. (2010), and B.S. Joshi v. State of Haryana (2003) underscore the Indian judiciary’s promotion of mediation for the resolution of marriage disputes.

Mediation has considerable benefits; nonetheless, obstacles like power disparities, agreement enforcement, and emotional intricacies persist. The essay continues by proposing measures to enhance mediation, such as obligatory pre-litigation mediation, hybrid alternative dispute resolution models, and online dispute resolution for familial conflicts^[2]. Mediation is increasingly influencing the future of family law via the development of new legal frameworks, promoting equitable and less combative outcomes.”

Keywords: Mediation, Family Law, Relationship, Alternate Dispute Resolution, Compensation, Enforceability.

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[1] Mnookin, R. H., & Kornhauser, L. (1979). “Bargaining in the Shadow of the Law: The Case of Divorce.” Yale Law Journal, 88(5), 950-997.

[2] Stulberg, J. B. (2005). “Mediation, Democracy, and Cycles of Dysfunction.” Ohio State Journal on Dispute Resolution, 20(2), 247-280.

PARLIAMENTARY PRIVILEGE IN INDIA: CONSTITUTIONAL FRAMEWORK, SCOPE, AND CONTEMPORARY CHALLENGES

AUTHOR – SURAJ KUMAR* & AMBAR SRIVASTAVA**,

* STUDENT AT LAW COLLEGE DEHRADUN FACULTY OF UTTARANCHAL UNIVERSITY. EMAIL – SURAJKUMAR72701@GMAIL.COM.

** ASSISTANT PROFESSOR AT LAW COLLEGE DEHRADUN FACULTY OF UTTARANCHAL UNIVERSITY. EMAIL – AMBARSRI76@GMAIL.COM

BEST CITATION – SURAJ KUMAR* & AMBAR SRIVASTAVA, PARLIAMENTARY PRIVILEGE IN INDIA: CONSTITUTIONAL FRAMEWORK, SCOPE, AND CONTEMPORARY CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 189-197, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

“This research article examines the concept of parliamentary privilege in India, tracing its historical development from British parliamentary traditions to its current constitutional framework. The study analyzes the scope and limitations of parliamentary privileges as enshrined in Articles 105 and 194 of the Indian Constitution, exploring the tension between parliamentary autonomy and judicial review. Through examination of landmark judicial decisions, parliamentary proceedings, and comparative analysis with other democratic systems, this research highlights the evolving nature of parliamentary privileges and contemporary challenges in balancing legislative independence with democratic accountability. The findings suggest that while parliamentary privileges serve crucial purposes in maintaining legislative efficiency and independence, there remains a need for codification and well-defined boundaries to prevent potential abuse and ensure harmony with fundamental rights and constitutional principles.”

Keywords :- Parliamentary privilege, Partial Codification, Anti Defection Law,

EXAMINING POLICE USE OF FORCE: EVALUATING PROCEDURAL STANDARDS AND DEMOGRAPHIC DISPARITIES IN LAW ENFORCEMENT PRACTICES

AUTHOR – KARTIKEY YADAV* & DR. ARVIND KUMAR SINGH**

* STUDENT AT AMITY UNIVERSITY, LUCKNOW, UTTAR PRADESH

** PROFESSOR AT AMITY UNIVERSITY, LUCKNOW, UTTAR PRADESH

BEST CITATION – KARTIKEY YADAV & DR. ARVIND KUMAR SINGH, EXAMINING POLICE USE OF FORCE: EVALUATING PROCEDURAL STANDARDS AND DEMOGRAPHIC DISPARITIES IN LAW ENFORCEMENT PRACTICES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 173-188, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The paper reviews the legal and institutional regime around police use of force in India, including procedural standards as well as demographic differentials in implementation. The analysis considers the constitutional underpinnings that both enable and limit police power and assesses the on-going gaps in implementing legal safeguards. By analyzing landmark judicial pronouncements like D.K. Basu v. State of West Bengal and Prakash Singh v. Union of India, the paper traces the evolution of legal standards governing the application of force. It points out worrisome patterns of demographic disparities that disproportionately impact marginalized communities,  most notably religious minorities and lower castes, when it comes to encounters with police forces.The study contextualizes Indian practices against international human rights standards and comparative perspectives; and critically examines compensation jurisprudence for victims of excessive force. The paper exposes structural challenges to accountability such as procedural barricades, institutional resistance and political intermeddling that continue to breed impunity. We recommend multilevel responses to better understand the normative and implementation challenges to shaping police practices to conform with the constitutional aspirations of dignity, equality and justice.

KEYWORDS

Police use of force, Constitutional safeguards, Demographic disparities, Procedural accountability, Custodial justice

REASONS FOR CYBER CRIMES AND CYBER CRIMINALS

AUTHOR  – PRATEEK KR RAI* & DR.KUNVAR DUSHYANT SINGH**

* STUDENT AT AMITY UNIVERSITY UTTAR PRADESH, LUCKNOW CAMPUS

** ASSISTANT PROFESSOR AT AMITY UNIVERSITY UTTAR PRADESH

BEST CITATION – PRATEEK KR RAI & DR.KUNVAR DUSHYANT SINGH, REASONS FOR CYBER CRIMES AND CYBER CRIMINALS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 165-172, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

In the digital age, cybercrime threatens people, businesses, and governments worldwide. This article examines cybercrime incentives, cybercriminal traits, and cybercrime prevention challenges. Cybercriminals are driven by intellectual challenge, personal vendettas, political or ideological ideas, or money. These ideals drive cyberstalking, cyberbullying, cyber espionage, identity theft, cyberattacks, and financial crime. Cybercriminals range from major criminal groups to lone hackers seeking fame or a challenge, according to the report. Nation-states and politically motivated actors use cybercrime for espionage, political disruption, or strategic advantage, but business insiders are a threat driven by grievances or financial motivations. Each profile shows the complexity and diversity of cybercrime, underlining the need for specialized tactics against distinct offenders. Internet anonymity, a lack of knowledge and preparation, and weak legislative frameworks make cybercrime harder to fight. Cybercriminals often cross borders due to a lack of international coordination and outdated laws that have not kept up with cyber threats. This article recommends improving international law enforcement collaboration, cybersecurity infrastructure, and public campaigns and education to reduce cybercrime. Finally, to fight cybercrime, public awareness, technology, and law enforcement are needed. Global collaboration, solid security, and proactive education are the only ways to reduce cybercrime and make the internet safer for everyone.

Keywords: Cybercrime, Hacking, Financial fraud, Ransomware, Cyber espionage, Cyberbullying, Insider threats, Organized crime syndicates, Nation-state actors, Cybersecurity, Law enforcement, Anonymity, Digital threats, Online harassment, Cybercriminal profiles.

A CRITICAL STUDY ON THE AWARENESS OF INTELLECTUAL PROPERTY RIGHTS AMONG GENERAL PUBLIC IN TAMIL NADU

AUTHOR – KARTHIK BALAJI M. S, STUDENT AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES (SIMAT), CHENNAI 600077. EMAIL ID: KARTHICKSRINI689@GMAIL.COM

BEST CITATION – KARTHIK BALAJI M. S, A CRITICAL STUDY ON THE AWARENESS OF INTELLECTUAL PROPERTY RIGHTS AMONG GENERAL PUBLIC IN TAMIL NADU, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 157-164, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Intellectual property rights (IPR) are legal rights granted to an inventor or creator to safeguard his or her creation for a specified length of time. These legal rights allow the inventor/creator or his assignee the exclusive right to fully employ his invention/creation for a set length of time. The major objective of this paper is to know the awareness of intellectual property rights among the general public. The research method followed here by the researcher is an empirical method. A total of 206 samples have been taken by the researcher in and around Poonamallee and in  online platforms by convenient sampling method. The independent variables taken here are age, gender, educational qualification, and residence zone. The dependent variables include awareness of intellectual property protection available for the original and new work, whether the IPR would protect consumer rights etc,. The statistical tools used are graphical representation, ANOVA and Chi-Square. The results observed from the analysis of the study is that, though the majority of the respondents are aware about IPR and its benefits, still a significant number of people lack awareness. Hence the awareness of IPR must be brought to all people at least from high school.

KEYWORDS: Intellectual Property, Innovations, Consumer Rights, Awareness and IP Rights.

A STUDY ON PROFESSIONAL MISCONDUCT IN THE ADVOCATES ACT 1961

AUTHOR – KARTHIK BALAJI M. S, STUDENT AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES (SIMAT), CHENNAI 600077. EMAIL ID: KARTHICKSRINI689@GMAIL.COM

BEST CITATION – KARTHIK BALAJI M. S, A STUDY ON PROFESSIONAL MISCONDUCT IN THE ADVOCATES ACT 1961, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 148-156, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Professional misconduct in law basically refers to the dishonorable or disgraceful conduct by an advocate. It can be defined as the behavior outside the limits of what is observed as worthy or acceptable by the governing figure of a profession. Objective of the study, To find the punishments for misconduct of lawyers. To analyze the duty of the advocate towards the court. To know the grounds of professional misconduct.This paper aims to provide an overview of the topic relating to the issue of ‘Professional Misconduct’ in the legal profession. The paper covers the types and instances of professional conduct, duties of advocates,. The paper discusses the instances amounting to professional misconduct and theAdvocates Act of 1961. The paper studies the punishments for lawyers, grounds of professional misconduct and understanding and developing laws and Acts relating to the issue of Professional Misconduct.it has been found that most of the people are aware about professional Misconduct.Dismiss the complaint, or where the proceedings were initiated at the instance of the State Bar Council, directs that proceedings be filed; Reprimand the advocate; Suspend the advocate from practice for such a period as it deems fit

Keywords – Profession, misconduct, ethics,lawyers, court.

THE IMPACT OF MERGERS AND ACQUISITIONS ON EMPLOYEE MORALE AND ORGANIZATIONAL CULTURE

AUTHOR – INFANT JEFFREY ROSHAUN, CHRIST DEEMED TO BE UNIVERSITY (LAVASA) PUNE

BEST CITATION – INFANT JEFFREY ROSHAUN, THE IMPACT OF MERGERS AND ACQUISITIONS ON EMPLOYEE MORALE AND ORGANIZATIONAL CULTURE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 137-147, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Focusing on the problems as well as strategies for integrating an acquired company, this paper looks at the impact of mergers and acquisitions on employee morale and corporate culture. In this study, a quantitative method was used to collect data, the data coming from structured questionnaires handed out to employees at both receiving organizations and companies that have been acquired. Job security, corporate culture, and employee satisfaction were some of the most important factors that were looked at. The data were analyzed using SPSS for both descriptive statistics and independent samples t-tests to see if there were any significant differences between the groups. One firm’s staff was significantly more satisfied with their jobs and held a much more positive view of the company culture than workers from another beat. The study points out the importance of open communication between parties, effective leadership at all levels, and integrating the culture. This outcome may provide some useful guidance for businesses undergoing M&A. At the same time, experience shows that it is essential to institutionalize strategies that address employees` concerns and promote an integrated corporate culture. Ultimately, the research emphasizes the crucial role of worker participation and culture alignment in the success of M&A projects.

Keywords: mergers and acquisitions, employee morale, organizational culture, integration, SPSS, job security, employee satisfaction, leadership, communication.

PANCHAYATI RAJ INSTITUTIONS OF ASSAM AND SUSTAINABLE    DEVELOPMENT: A CRITICAL ANALYSIS

AUTHOR – JHORNA BORUAH* & DR. S. JAMES**

* PHD RESEARCH SCHOLAR, DEPARTMENT OF LAW, MANIPUR INTERNATIONAL UNIVERSITY, IMPHAL, MANIPUR-795140, INDIA    

** PROFESSOR, DEPARTMENT OF LAW, MANIPUR INTERNATIONAL UNIVERSITY, IMPHAL, MANIPUR-795140, INDIA

BEST CITATION – JHORNA BORUAH & DR. S. JAMES, PANCHAYATI RAJ INSTITUTIONS OF ASSAM AND SUSTAINABLE    DEVELOPMENT: A CRITICAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 131-136, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

          The abstract for the paper titled “Panchayati Raj Institutions of Assam and Sustainable Development: A Critical Analysis” highlights the role of local governance in achieving sustainable development. It emphasizes that sustainable development involves meeting human development goals while preserving natural systems. The paper discusses how the Panchayati Raj Institutions (PRIs) in Assam, established under the Assam Panchayat Act of 1994 following the 73rd Constitutional Amendment, have been entrusted with various developmental functions. These include areas like education, healthcare, sanitation, and resource management.The abstract underscores the importance of accountability, transparency, and cooperation within PRIs to ensure effective service delivery and sustainable rural development. It critically analyses the decentralization efforts and their effectiveness in achieving inclusive growth and sustainability in Assam. ¹

              The study focuses on the Assam Panchayat Act of 1994, introduced after the 73rd Constitutional Amendment, which established a three-tier Panchayati Raj system in Assam. It discusses how PRIs have been entrusted with responsibilities in areas such as education, healthcare, sanitation, and resource management to promote inclusive growth and sustainable development. The abstract also underscores the need for accountability, transparency, and cooperation.

The research identifies several key factors that influence the performance of PRIs, including bureaucratic hurdles, inadequate funding, limited capacity for implementing development programs, and challenges related to local participation. It also highlights the profound impacts of these constraints on sustainable development outcomes in rural communities. Through a review of relevant literature and empirical case studies, the paper illustrates successful initiatives where PRIs have effectively promoted sustainable practices, enhancing the livelihoods of local populations.²

               Keywords:  Resource, sanitation, rural, sustainability, inclusive,studies,practices.

ISSUES WITH RESPECT TO OVERSEAS CITIZEN OF INDIA CARD HOLDER

AUTHOR – SANDHYA PRABHAKARAN* & MS. SWATI KAUSHAL**,

* STUDENT AT AMITY LAW SCHOOL, NOIDA, BBA LL.B. (H).

** ASSISTANT PROFESSOR AT AMITY LAW SCHOOL, NOIDA, AMITY UNIVERSITY UTTAR PRADESH

BEST CITATION – SANDHYA PRABHAKARAN & MS. SWATI KAUSHAL, ISSUES WITH RESPECT TO OVERSEAS CITIZEN OF INDIA CARD HOLDER, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 119-131, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Overseas Citizen of India Card Holder is a concept of citizenship granted by the Citizenship Act, 1955 in accordance with Part II of the Constitution of India. This concept was developed in order to recognize the Persons of Indian Origin (PIO) and grant the deserving individuals Indian citizenship who were eligible for such citizenship at the time of commencement of the Constitution of India. In the year 2000, the Government of India decided to establish a committee for the purpose of examination of the global Indian diaspora along with recommendations and strategies for fostering a constructive relationship with them. The report of the committee laid the foundation for the introduction of the concept of Overseas Citizenship. The Citizenship Act, 1955 was amended in the year 2003 for the purpose of formally including the scope of overseas citizenship along with including certain provisions for illegal immigrants. Foreign nations with Indian origin for a long period have been making requests to the Government of India for providing them with a recognition for their Indian roots, thus the Overseas Citizen of India Card Holder (OCI Card Holder) had been brought into picture. This brought in various questions to be raised, one of them is majorly whether or not India recognizes dual-citizenship. This paper will highlight the need of the concept of OCI, the issues and challenges associated with it and a comparison with the US system of Green Card Holder.

Keywords: Indian Citizenship, Overseas Citizen of India, Citizenship Act, 1955, Constitution of India, Amendment to Citizenship Act, 1955.

LEVERAGING ALTERNATIVE DISPUTE RESOLUTION (ADR) FOR CYBER SECURITY AND DATA PRIVACY DISPUTES: A MODERN APPROACH TO DIGITAL CONFLICT RESOLUTION

AUTHORS- VAIBHAV DHAROD & SHEETAL SABLE, ASSISTANT PROFESSORS AT DY PATIL UNIVERSITY

BEST CITATION – VAIBHAV DHAROD & SHEETAL SABLE, LEVERAGING ALTERNATIVE DISPUTE RESOLUTION (ADR) FOR CYBER SECURITY AND DATA PRIVACY DISPUTES: A MODERN APPROACH TO DIGITAL CONFLICT RESOLUTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 115-118, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This research explores the role of Alternative Dispute Resolution (ADR) in resolving cybersecurity and data privacy conflicts. ADR mechanisms such as mediation, arbitration, and negotiation provide efficient, confidential, and cost-effective solutions to disputes arising from cyber incidents. The study examines real-world cases, challenges, and best practices while emphasizing the importance of integrating technical expertise into ADR processes. Recommendations include strengthening legal frameworks, adopting technology-driven ADR solutions, and training professionals to handle complex cybersecurity disputes effectively.

Keywords: ADR, Cybersecurity, Data Privacy, Dispute Resolution, Mediation