Author: PRASANNASRI26092001

PERMANENT DIGITAL DOWNLOADS: WITHIN THE OWNERSHIP-POSSESSION DISCOURSE

AUTHOR – KEERTHNA NAIR, STUDENT AT NATIONAL LAW SCHOOL OF INDIA UNIVERSITY

BEST CITATION – KEERTHNA NAIR, PERMANENT DIGITAL DOWNLOADS: WITHIN THE OWNERSHIP-POSSESSION DISCOURSE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 938-942, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

The distinction between possession and ownership has long been settled in the context of physical goods, but when it comes to Digital Virtual Goods (DVGs), the discourse shifts towards the concept of temporary access rights. This shift primarily stems from the nature of DVGs, which are often governed by time-bound license agreements, restricting the rights of users to mere access. However, this framework fails to adequately address scenarios involving permanent licenses or permanent downloads of copies of digital goods without explicit licensing terms. In such cases, the notion of temporary access does not fully capture the broader spectrum of rights, such as selling, distribution, and communication to the public. These rights extend beyond mere access, suggesting the need for an ownership- possession based framework to understand ownership of copies of DVGs.

JUDICIAL REVIEW AND ADMINISTRATIVE ACTION: AN ANALYSIS

AUTHOR – BHAVINI KODAVANTI, STUDENT AT NMIMS, KHARGHAR

BEST CITATION – BHAVINI KODAVANTI, JUDICIAL REVIEW AND ADMINISTRATIVE ACTION: AN ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 933-937, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

Administrative law was recognised as a separate branch in the 20^th century in India. In the 19^th century, the duties of the state were limited, in which they had to only maintain public order and the conduct of the authorities. But in the recent times, it is quite different. To maintain the public order, the authorities have to also dwell into the lives of the citizens and observe the difference in their conduct clearly. The actions carried out under the administrative law by the administrative authorities is known as administrative action. The administrative action carried out by a certain administrative authority appointed by the state.

DOWRY DEATHS: A CRITICAL STUDY OF EMERGING JUDICIAL TRENDS IN INDIA”

AUTHORS – MOHD ARKAM, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY LUCKNOW

BEST CITATION – MOHD ARKAM, DOWRY DEATHS: A CRITICAL STUDY OF EMERGING JUDICIAL TRENDS IN INDIA”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 931-932, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Dowry system in India has been running for a long time. It is the money that is given during marriage to the boy or their family, even property can also be included in dowry. The system of dowry started from ancient times like during marriage the money will be given to the groom so that he can take proper care of his bride, it was used to honour both sides of the family. As the time changes dowry still remains in the society but its significance keeps changing with time. Nowadays, the dowry system is becoming like business for some castes. Dowry system is becoming a burden for the bride’s family. Many times if demand is not fulfilled for the boy’s side then the marriage is abruptly cancelled as a result of this failure. If we see it in our Asian country, then dowry is becoming more important for the groom’s side, mainly in countries like India. To end this heinous social practice, the government has made a law to refrain people from taking dowry under the Act of 1961. Whatever money or property given by the bride side they should accept but it never followed. Many places we come to know that because of not doing so on the groom’s side the girls are harmed in such a way that sometimes even it leads to death. Some people even think dowry is like crime, it’s illegal and they never ask anything from the bride’s family. In India, everyone speaks and progresses for women’s rights and says ‘Beti Bachao Beti Padhao’ but a girl even after achieving everything in her life; where she starts taking care of her family but even then she can’t escape the shackles of dowry. Some time because of dowry which is mostly prevalent among the below poverty line people they kill their daughters after they are born or before their birth in the mother’s womb itself so that they can escape dowry. Since they know after growing up and educating her, they still need to give dowry in order to get her married.

KEYWORDS – Groom, Jahez, Great Evil, Cruelty, Domestic Violence and Crime.

A CRITICAL ANALYSIS OF CHILD LABOUR IN INDIA

AUTHOR – SAMEER KHAN, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY LUCKNOW

BEST CITATION – SAMEER KHAN, A CRITICAL ANALYSIS OF CHILD LABOUR IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 928-930, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Child labour is a serious problem from many decades and a challenge for many developing countries. It has existed over the centuries not only in the impoverished areas of developing countries but also in developed countries until the beginning of the 20th century. Many countries have enacted various laws and have taken serious initiative to eradicate child labour, yet still the problem is very widespread throughout the world. The problem of child labour appears in severe form and various factors are involved with it. The causes for the incidence of child labour in India are complex and deeply rooted into the society. Poverty seems to be the main cause. Child labour can be found in both urban and rural areas. However the vast majority of child labour occurs in rural areas since poverty is more rampant. Although many poor rural families struggle for a better life in urban areas, this pushes families to force their children to work in order to increase the family income and ensure survival. This paper analysis the various responsible factors for child labour and attempts to find out those areas where there is discrimination in child labour. In addition the objective of this paper is to make a critical analysis of child labour in India. The findings reveal that child labour was a serious evil for the developing country -India. But now as per census report 2011, The total number of working children in the country has declined from 1.26 crore as per the census 2001 to 43.53 lakh as per census 2011 which shows 65 percent reduction.

Keywords: child labour, forms, factors, discrimination, critical analysis

INSIDER TRADING UNDER THE INDIAN CORPORATE LAW REGIME – AN OVERVIEW

AUTHORS – VIJAY PRATAP SINGH* & MR. AYUSH SARAN**, STUDENT* & ASSISTANT PROFESSOR** AT AMITY UNIVERSITY LUCKNOW

BEST CITATION – VIJAY PRATAP SINGH & MR. AYUSH SARAN, INSIDER TRADING UNDER THE INDIAN CORPORATE LAW REGIME – AN OVERVIEW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 921-927, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This abstract delves into the intricate dynamics of corporate governance, insider trading, and market regulations, particularly focusing on the Indian context. It explores the evolution of corporate governance frameworks, highlighting the influence of global movements such as the Cadbury Committee’s recommendations. The narrative emphasizes the importance of transparency, accountability, and professionalism in corporate practices, showcasing the shift from traditional family-dominated businesses to modern institutionalized structures.

The abstract also touches upon the concept of insider trading, delineating its legal and illegal aspects and the regulatory efforts to curb unfair advantages in securities trading. It discusses the historical context of insider trading, referencing shifts in societal perceptions from viewing it as an advantage to recognizing it as a crime against shareholders and market integrity.

Furthermore, the abstract underscores the ongoing challenges in corporate governance, including the need for independent directors, robust disclosure norms, and the role of institutional investors in enhancing accountability. It reflects on the regulatory landscape in India, acknowledging progress while also highlighting persisting issues such as poor disclosure levels and opaque corporate structures. Overall, this abstract provides a comprehensive overview of the complexities and evolving paradigms in corporate governance and market regulations, drawing insights from global trends and contextualizing them within the Indian business landscape.

A CRITICAL ANALYSIS ON RISK MANAGEMENT IN GENERAL AND LIFE INSURANCE

AUTHORS – G.RAMYA* & MS. T. VAISHALI**, LLM SCHOLAR* & ASSISTANT PROFESSOR OF LAW** AT THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY (SOEL), CHENNAI

BEST CITATION – G.RAMYA & MS. T. VAISHALI, A CRITICAL ANALYSIS ON RISK MANAGEMENT IN GENERAL AND LIFE INSURANCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 916-920, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

         This paper starts with an introduction with a critical analysis on risk management in general and life insurance. Risk management is a systematic process for identifying, assessing, and controlling potential threats to a business or investment. It’s important for insurance companies because they take on risk from their customers, and the level of risk determines the insurance premium. Here are some key aspects of risk management:

AN EXAMINATION OF CREDIT CARD FRAUDS – TYPES, TECHNIQUES AND PREVENTION STRATEGIES IN INDIA

AUTHOR – CHARUMATHY B* & MS. T. VAISHALI**, LLM SCHOLAR* & ASSISTANT PROFESSOR OF LAW** AT THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY (SOEL), CHENNAI

BEST CITATION – CHARUMATHY B & MS. T. VAISHALI, AN EXAMINATION OF CREDIT CARD FRAUDS – TYPES, TECHNIQUES AND PREVENTION STRATEGIES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 909-915, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Credit card fraud poses a significant challenge for India, with a growing number of instances involving unauthorized credit card use and financial losses emerging as a major concern. The paper explores different approaches to detect and prevent credit card fraud through smart data analysis, AI-powered machine learning, real-time transaction monitoring, as well as discussing prevention strategies like implementing two-factor authentication (2FA), secure payment systems, and educating consumers. Through the use of these tools and processes, banks, customers and beneficiaries can work together to minimize the risks of credit card fraud while also improving overall security measures.

Keywords: Credit Card, Frauds, Tools, Techniques, Prevention, Cyber, Transactions.

BIOMETRIC AUTHENTICATION AND ITS ROLE IN PREVENTION OF DEBIT AND CREDIT CARD FRAUD

AUTHOR – YOGASURUTHI M* & MS. T. VAISHALI**, LLM SCHOLAR* & ASSISTANT PROFESSOR OF LAW** AT THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY (SOEL), CHENNAI

BEST CITATION – YOGASURUTHI M & MS. T. VAISHALI, BIOMETRIC AUTHENTICATION AND ITS ROLE IN PREVENTION OF DEBIT AND CREDIT CARD FRAUD, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 899-908, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

Biometric authentication has become the latest trend in avoiding debit and credit card fraud because it relies on special, unique physiological and behavioral characteristics to verify a person’s identity. Biometric identifiers such as fingerprinting, facial recognition, and voice patterns are intrinsically safe and unique, unlike traditional methods like PINs or passwords, where thieves can easily steal or copy them. This research suggests an innovative way to prevent payment card fraud using biometrics. The solution integrates with the existing payment card security system and takes advantage of biometric recognition technology, which gives a unique ID and stores the biometric data of an individual, just like Aadhaar. A biometric verification system’s integration with a payment card security system not only improves the security of card users but also ensures the physical presence of the cardholder at the point of sale. Further, the employment of biometrics in the financial industry will assure safety standards. This aspect reduces the risks relating to identity theft and duplicate issuance of credit cards along with other wrongful uses. Besides that, the biometric authentication process could also become easy and possible at the level satisfying both the protection demands as well as the convenience aspects together with a balance, being the wonderful tool for fraud in fast-transposing the digital economy. It is changing the future of secure financial transactions with an added layer of security in multi-factor authentication and real-time identity verification.

Keywords: Biometrics, Credit Card Fraud, Fingerprint recognition, Face recognition, Iris Recognition

LAWS TO PREVENT SOCIA ECONOMIC OFFENCES IN INDIA

AUTHORS – Ms. K. M. PRATHYUSHA* & MS. T. VAISHALI**, LLM SCHOLAR* & ASSISTANT PROFESSOR OF LAW** AT THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY (SOEL), CHENNAI

BEST CITATION – Ms. K. M. PRATHYUSHA & MS. T. VAISHALI, LAWS TO PREVENT SOCIA ECONOMIC OFFENCES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 891-898, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Socio-economic offences in India are distinct from conventional crimes as they target the economic stability and social fabric of the nation. These offences, including corruption, tax evasion, money laundering, and adulteration, have far-reaching consequences for governance, public welfare, and economic development. This paper explores the legal framework designed to combat such offences, focusing on key legislations like the Prevention of Corruption Act, the Benami Transactions (Prohibition) Act, and the Prevention of Money Laundering Act. It also examines the implementation challenges, such as judicial delays, systemic corruption, and public unawareness. Through case studies of major socio-economic offences, the paper highlights the impact of these crimes and the effectiveness of current laws. Finally, it proposes reforms and recommendations to strengthen enforcement mechanisms, enhance public awareness, and leverage technology to ensure socio-economic justice and sustainable growth in India.

Keywords: Socio-economic offences, Corruption, Money laundering, Tax evasion, Legal framework.

LEGAL MECHANISMS IN GENERAL INSURANCE

AUTHORS – MS. ABINAYA S* & MS. T. VAISHALI**, LLM SCHOLAR* & ASSISTANT PROFESSOR OF LAW** AT THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY (SOEL), CHENNAI

BEST CITATION – MS. ABINAYA S & MS. T. VAISHALI, LEGAL MECHANISMS IN GENERAL INSURANCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 878-890, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This document provides a comprehensive overview of general insurance, highlighting its significance in risk management and economic stability. General insurance encompasses various types of coverage, including health, motor, property, liability, and travel insurance, which safeguard individuals and businesses against unexpected financial losses. By enabling risk transfer, general insurance promotes operational continuity, encourages investment, and bolsters consumer confidence across economic activities. The second part of the text examines economic crimes within the general insurance sector, detailing common types of fraud, methods of deception, and the underlying drivers that lead to such unlawful activities. The impact of these crimes is profound, resulting in financial losses, increased premiums for honest policyholders, reputational damage to the industry, and heightened regulatory challenges. Lastly, the document emphasizes the necessity for robust legal mechanisms and enhanced regulatory frameworks to combat economic crimes, advocating for the use of advanced technologies and global collaboration to strengthen the integrity of the insurance sector.

Keywords – General insurance, economic crime, legal framework, fraud prevention, compliance.