Author: PRASANNASRI26092001

AN EVALUATION OF THE LAWS GOVERNING MEDICAL NEGLIGENCE IN INDIA

AUTHOR – SYED ABDUR RAHMAN, LLM SCHOLAR AT AMITY INSTITUTE OF ADVANCED LEGAL STUDIES, AMITY UNIVERSITY, NOIDA

BEST CITATION – SYED ABDUR RAHMAN, AN EVALUATION OF THE LAWS GOVERNING MEDICAL NEGLIGENCE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 106-114, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This article critically examines the laws regulating medical negligence in India after initially describing the concept of negligence in general and medical negligence in particular. Medical negligence refers to the failure of a healthcare professional to provide the expected level of care and is a serious issue that impacts patient safety and legal liability. The study examines in depth the law and jurisprudence of each jurisdiction, providing a comparative analysis to assess the effectiveness of remedies and the challenges that plaintiffs face in their pursuit of justice. In India, the legal environment surrounding medical negligence has changed over time and the Consumer Protection Act, 1986 has played a key role. The landmark judgment in Indian Medical Association v. V. P. Shanta (1995) established a framework for protecting consumer rights in medical matters, but problems of accessibility and acceptability of justice to patients remains.

Keywords: Medical negligence, legal framework, tort law, consumer protection.

EMERGENCY POWER IN INDIA AND THE UNITED KINGDOM: A CONSTITUTIONAL ANALYSIS

AUTHOR – ASS. PROF. MS. SONIKA SHARMA, HRIT UNIVERSITY, GHAZIABAD, U.P.

BEST CITATION – ASS. PROF. MS. SONIKA SHARMA, EMERGENCY POWER IN INDIA AND THE UNITED KINGDOM: A CONSTITUTIONAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 96-105, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This paper traces the nature of emergency powers, which preserve the integrity of constitutional governance by enabling the state to effectively respond to crises. The emergency provisions of the constitutions of India and the United Kingdom are compared and contrasted in the context of governmental architecture, scope, and implications upon democratic governance. While the emergency provisions in the Indian Constitution under Articles 352, 356, and 360 seem to provide a formidable authority in the hand of the central government during national exigencies, there do not exist codified emergency provisions in the United Kingdom. Instead, the realm of British law treats emergencies through statutory law, constitutional conventions, or royal prererogative. This paper analyzes the historical background, judicial interpretation, and practical use of emergency powers in both countries. The paper attempts to find a balance between executive power and civil liberties and conclude the safeguards preventing misuse of emergency powers. A study of certain case laws and constitutional debates stands instrumental in developing an understanding of how democratic states utilize emergency powers while practicing the rule of law.

COMPARATIVE ANALYSIS OF JURISDICTIONS IN PATENT LAW AND PUBLIC HEALTH

AUTHOR – KALPANA KUMARI, LL.M(IP), AMITY LAW SCHOOL NOIDA

BEST CITATION – KALPANA KUMARI, COMPARATIVE ANALYSIS OF JURISDICTIONS IN PATENT LAW AND PUBLIC HEALTH, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 88-95, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

The intersection of patent law and public fitness provides a complicated mission for policymaker global. While patents incentivize pharmaceutical innovation with the aid of granting transient monopolies, they also can put off the access of affordable frequent medicines, affecting get right of entry to existence-saving tablets, specifically in low- and middle-earnings nations. Different jurisdictions have adopted varied tactics to stability intellectual belongings rights and public health priorities.

This examine offers a comparative analysis of four key jurisdictions—America, the European Union, India, and developing countries—to have a look at how their prison frameworks impact drug pricing, innovation, and get admission to drug treatments.

The United States follows a patent-friendly approach, strengthening pharmaceutical monopolies thru evergreening, patent thickets, and regulatory exclusivity extensions. The Hatch-Waxman Act (1984) targets to balance innovation and widely wide-spread opposition, but prison loopholes frequently postpone less costly alternatives.

The European Union implements Supplementary Protection Certificates (SPCs) to increase patent lifestyles however lets in standard access via the Bolar exemption. Stronger drug fee regulation mechanisms make medicines more accessible than inside the U.S.

India adopts a seasoned-public health stance, with Section 3(d) of the Patents Act (1970) stopping evergreening and compulsory licensing provisions selling prevalent competition. As a end result, India has emerge as a global hub for affordable medicine manufacturing.

Developing countries face significant demanding situations, inclusive of excessive drug charges, weak home pharmaceutical industries, and strict patent regimes. However, a few have leveraged obligatory licensing and parallel importation to improve remedy accessibility.

By analyzing these jurisdictional differences, this examine highlights fine practices for balancing patent safety with public fitness imperatives. It underscores the need for coverage reforms and global cooperation to make certain that highbrow assets legal guidelines do no longer become limitations to affordable healthcare.

INFRINGING TRADEMARK REGIME THROUGH COMPARATIVE ADVERTISEMENT AND PRODUCT DISPARAGEMENT: CRITICAL ANALYSIS

AUTHOR –NIHARIKA RANA, STUDENT AT AMITY LAW SCHOOL, NOIDA

BEST CITATION – NIHARIKA RANA, INFRINGING TRADEMARK REGIME THROUGH COMPARATIVE ADVERTISEMENT AND PRODUCT DISPARAGEMENT: CRITICAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 75-87, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Comparative advertising came into existence to increase consumer awareness and allow consumer to make a judicial selection from plethora of choices, however under market pressures it has engaged in unhealthy practices of product disparagement and infringement of trademarks. Consequently, in the last few decades, there have been spates of litigations in this regard. As there has been a proliferation in the number of cases in the courts regarding this matter and there have been interestingly such conflicting judgments concerning the issue in the recent past, the topic seemed quite fascinating and motivating to ponder and analyse.

In the modern world, the emergence of Intellectual property rights has been to safeguard and grant exclusive rights to intellectual product like patents, designs, trademarks, copyrights etc. Out of these Intellectual rights, the laws concerning comparative advertising aspects are mainly the laws of trademarks and the general laws pertaining to unfair competition. The research undertaken lies within the broad scope of Intellectual Property Laws pertaining to the aspects of infringement of trademarks and product disparagement in the realm of comparative advertising.

Comparative advertising by means of using another’s trademark is permissible, however while doing so the advertiser cannot  disparage  the goods or services  of another.  Any  such act disparaging the goods or services of another shall not only be an act constituting infringe me nt of the trademark, but shall  also be an act constituting  product disparagement.  This  paper analyses  the trite law on comparative  advertising  and product disparagement,  in relation  to trademark law; in the light of Sections 29(8) and 30(1), of The Trademarks Act, 1999. Section 29(8) enunciates situations, where use of another’s mark in advertising can amount to infringement, if such use does not comply with the conditions laid down under the section. At the same time,  Section 30(1) makes such use, an exception,  if it is in accordance with the conditions provided under this section. The conditions given under these two legal provisions are identical.  The intent of the legislature in enacting  the aforementioned  provisions  is quite apparent: To impose the leniencies of permitted comparative advertising over the stringencies of trademark protection. This paper attempts to explain  the basic framework of infringe me nt of trademark by comparative advertising.  It explores the history and evolution of trademarks, disparagement  of products due to comparative  advertising  and explores the legal framework and national & international judicial trends pertaining to it.

LEGAL IMPLICATIONS OF FOREIGN DIRECT IN INDIAN RETAIL SECTOR

AUTHOR – NISHENDRA KUMAR PANDEY* & DR AXITA SHRIVASTAVA**

*  STUDENT OF AMITY LAW SCHOOL, LUCKNOW ** PROFESSOR AT AMITY LAW SCHOOL, LUCKNOW

BEST CITATION – NISHENDRA KUMAR PANDEY, LEGAL IMPLICATIONS OF FOREIGN DIRECT IN INDIAN RETAIL SECTOR, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 68-74, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Foreign Direct Investment (FDI) in India’s retail sector has been a topic of debate due to its significant impact on the economy, local businesses, and market competition. The regulatory framework governing FDI in retail is primarily guided by the Foreign Exchange Management Act (FEMA), 1999, along with policies set by the Department for Promotion of Industry and Internal Trade (DPIIT). The Indian government has implemented structured guidelines to regulate foreign investments based on the category of retail operations, which include Single Brand Retail Trading (SBRT), Multi-Brand Retail Trading (MBRT), and E-commerce.

For single-brand retail, 100% FDI is permitted, but investments beyond 49% require government approval and adherence to local sourcing conditions. Multi-brand retail, however, allows up to 51% FDI through government approval, with additional requirements such as sourcing a minimum percentage of products from domestic suppliers. In the e-commerce sector, 100% FDI is permitted under the marketplace model, but direct foreign ownership in inventory-based e-commerce is restricted to protect small retailers and maintain fair competition.

Foreign investors entering the Indian retail sector must comply with various legal provisions, including the Companies Act, 2013, Consumer Protection Act, 2019, and Goods and Services Tax (GST) laws. Employment laws related to worker rights, wages, and workplace conditions also play a critical role in ensuring legal compliance. Additionally, intellectual property protection is crucial for foreign brands, requiring them to safeguard trademarks and patents under Indian IPR laws.

To prevent market dominance by global retail giants, the Competition Commission of India (CCI) enforces measures against monopolistic practices. Furthermore, data protection laws regulate how foreign companies handle consumer data, ensuring privacy and security. The evolving FDI policies also consider socio-economic concerns, as foreign investments often face resistance from small traders who fear business losses due to the expansion of large international retail chains.

Despite these regulatory complexities, India remains a promising market for global retailers due to its vast consumer base and rapid economic growth. However, navigating the legal framework is essential for foreign investors to establish a successful presence while adhering to India’s compliance requirements. This paper explores the key legal aspects, challenges, and future prospects of FDI in the Indian retail sector.

EFFECTIVENESS OF E-WALLETS AMONG UNIVERSITY STUDENT

AUTHOR – SONALI PANDEY* & DR ARVIND KUMAR SINGH**

* STUDENT AT AMITY UNIVERSITY, LUCKNOW, UTTAR PRADESH

** PROFESSOR AT AMITY UNIVERSITY, LUCKNOW, UTTAR PRADESH

BEST CITATION – SONALI PANDEY & DR ARVIND KUMAR SINGH, EFFECTIVENESS OF E-WALLETS AMONG UNIVERSITY STUDENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 55-67, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

E-Wallets, commonly referred to as electronic wallets or digital wallets are applications available on digital platforms that help users facilitate transactions online over the internet easily and safely. It enables users to make payment digitally with the use of smartphones, tablets, computers and other electronic devices.

The purpose of this study is to determine whether electronic wallets are useful to university students. E-Wallets’ increased popularity in recent years is largely attributable to how convenient and simple they are to use for financial transactions. To understand their effectiveness, particularly among university students, little research has been done. This study uses a mixed-methods strategy to collect data from a wide range of university students by mixing qualitative data and quantitative surveys. The study examines a number of aspects of efficacy, such as user satisfaction, adoption rates, perceived advantages, and difficulties related to using an e-wallet. The results will help us understand e-wallets’ effects on university students’ financial preferences and behaviors in a better way, providing information for service providers, politicians and educators.

CONSTITUTIONALITY OF GENDER BIAS IN LEGAL PROVISIONS

AUTHORS – SAURABH PANDEY* & DR ARVIND KUMAR SINGH**

* STUDENT AT AMITY UNIVERSITY, LUCKNOW, UTTAR PRADESH

** PROFESSOR AT AMITY UNIVERSITY, LUCKNOW, UTTAR PRADESH

BEST CITATION – SAURABH PANDEY & DR ARVIND KUMAR SINGH, CONSTITUTIONALITY OF GENDER BIAS IN LEGAL PROVISIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 42-54, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Gender bias within legal provisions poses a complex challenge to the constitutional principles of equality and non-discrimination. Although some gender-specific laws seek to address historical injustices and foster substantive equality, others reinforce stereotypes and disparities. This paper investigated the constitutionality of these provisions by examining legal frameworks, judicial interpretations, and empirical evidence. It investigates the conflict between formal and substantive equality, utilizing both qualitative and quantitative approaches. Case studies and comparative assessments further clarify how these laws either conform to or diverge from constitutional ideals. The study concludes with suggestions for realizing genuine gender justice in legal systems.

Significance:- This study contributes to legal  converse by  relating gaps in gender-neutral legal protections and suggesting implicit reforms.

Keywords Gender Biasness In India, Indian Legal Provisions, Constitution Law, Equality, Discrimination, Human Rights, Judicial Review, Substantive Equality, Feminist Legal Theory

BREAKING TIES AMICABLY: AN ANALYSIS OF DIVORCE BY MUTUAL CONSENT

AUTHOR- SUBRAT SINGH* & DR ARVIND KUMAR SINGH**

* STUDENT AT AMITY UNIVERSITY, LUCKNOW, UTTAR PRADESH

** PROFESSOR AT AMITY UNIVERSITY, LUCKNOW, UTTAR PRADESH

BEST CITATION – SUBRAT SINGH & DR ARVIND KUMAR SINGH, BREAKING TIES AMICABLY: AN ANALYSIS OF DIVORCE BY MUTUAL CONSENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 35 -41, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

In Hindus, marriage was seen as a permanent and lifelong institution. However, with evolving times the provision of divorce was introduced to fulfill the needs of the changing society. Divorce involving mutual consent of the husband and wife is considered to be the most cooperative and amicable form of divorce.  In this research paper an analysis of the statutory provisions of this form of divorce under the Hindu Marriage Act, 1954 and the judicial interpretation of its provisions are covered. It is further analyzed by going through the procedure for this divorce and its various advantages.

A study was also conducted to know about the awareness and public perception of Divorce by Mutual consent under Hindu law. Quantitative data was collected from 70 people through an online questionnaire. The key findings from the data collected and analyzed were that there is high awareness of this provision, and that divorce is still seen as a disgrace and dishonor upon the family and thus spouses continue their unhealthy marriage despite willingness to separate. The opinion of public on waving of the cooling off period and the need for legal reforms in it were also taken.

Keywords: No-Fault divorce, Divorce by mutual consent, amicable divorce

THE STRUGGLE FOR PROFESSIONAL IDENTITY AMONG YOUNG ADVOCATES IN INDIA

AUTHOR – ABHISHEK KUMAR, STUDENT AT GALGOTIAS UNIVERSITY, GREATER NOIDA

BEST CITATION – ABHISHEK KUMAR, THE STRUGGLE FOR PROFESSIONAL IDENTITY AMONG YOUNG ADVOCATES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 24-34, APIS – 3920 – 0001 & ISSN – 2583-2344.

CHAPTER 1

ABSTRACT :

The general phenomenon which has become prevalent quite recently regarding the hardships faced by young Indian lawyers and advocates has yet not been resolved but has actually touched great heights. The field of law is itself a standardized profession where apart from knowledge , recommendation and references can only take individuals to those places where it is generally not easy to reach .Being a highly demanded career option , it has become a generational practice where a whole family comprises of members from the legal fraternity. Prolonged reliance on seniors too can hinder growth and delay the formation of an independent professional identity. To overcome these barriers, young advocates should look beyond traditional career paths and pursue opportunities to establish their own practice.

RESEARCHING THE IMPACT OF HUMAN RIGHTS VIOLATIONS IN JUDICIAL PROCESSES

AUTHOR – SATWIK KHERIA* & DR ARVIND KUMAR SINGH**

* STUDENT AT AMITY UNIVERSITY, LUCKNOW, UTTAR PRADESH

** PROFESSOR AT AMITY UNIVERSITY, LUCKNOW, UTTAR PRADESH

BEST CITATION – SATWIK KHERIA & DR ARVIND KUMAR SINGH, RESEARCHING THE IMPACT OF HUMAN RIGHTS VIOLATIONS IN JUDICIAL PROCESSES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 19-23, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Violations of human rights during legal proceedings have the potential to erode justice itself. This study examines how these infractions affect legal systems, with a particular emphasis on the rule of law, due process, and fair trials. It looks at case studies from different jurisdictions, emphasizing situations where injustices have been caused by systematic prejudices, political meddling, or judicial wrongdoing. International human rights norms, such as those established by the UN and regional human rights organizations, are also taken into account in the study. This essay seeks to offer remedies for guaranteeing more equal legal procedures by examining the effects of these infractions.