Author: PRASANNASRI26092001

CORPORATE EVALUATION RESOLUTION IN INDIA

AUTHORS – SUHASHI SINGH RAJPUT* & DR. RAJIV BHALLA**, LL.M. (MASTER OF LAWS) SCHOLAR* & PROFESSOR**, UNIVERSITY INSTITUTE OF LEGAL STUDIES, CHANDIGARH UNIVERSITY, MOHALI, PUNJAB, INDIA

BEST CITATION – SUHASHI SINGH RAJPUT ^& DR. RAJIV BHALLA, CORPORATE EVALUATION RESOLUTION IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 318-329, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

According to the “Companies Act, 2013’, the National Company Law Tribunal (NCLT) has brought revolutionary change in the corporate conflict management system. This center was designed as a specialized forum to handle corporate law disputes in matters for shareholders, corporate management, and insolvency. It assesses the NCLT ability to provide efficient and fair remedies by critically examining the role of the tribunal for corporate governance about investor confidence. Due to the functions assigned to the NCLT, which include the addressing of complexities and reduction of procedural time, the NCLT has succumbed to some challenges, which include procedural delays, a lack of viable structures, and jurisdictional conflicts with other legal entities. Corporate rescue and insolvency practice in India: The current article shows that while the NCLT has enhanced procedural rationality and judicial autonomy, it still has drawbacks. This paper argues that the efficiency of the current judicial system is frustrated by delays in court cases and unclear jurisdictions, thus requiring reforms in its capacity and functional efficiency. In tracing the evolution of the selected cases, the study details what the NCLT has achieved and where needed improvement is required. There are propositions towards procedure modifications and improvements of physical infrastructure, as well as recommendations relating to matters of jurisdiction, that aim to enhance the contribution of the tribunal towards the steady development of an appropriate corporate legal environment for India.

Keywords: NCLT, Companies Act 2013, corporate dispute resolution, corporate governance, investor confidence, insolvency

THE WRIT OF HABEAS CORPUS:  A PILLAR OF PERSONAL LIBERTY UNDER THE INDIAN CONSTITUTION

AUTHOR – SHUBHAM SHARMA, STUDENT AT BHARATI VIDYAPEETH UNIVERSITY, NEW DELHI.

BEST CITATION – SHUBHAM SHARMA, THE WRIT OF HABEAS CORPUS:  A PILLAR OF PERSONAL LIBERTY UNDER THE INDIAN CONSTITUTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 312-317, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The writ of Habeas Corpus plays a pivotal role in the Indian legal system, serving as a vital instrument for protecting fundamental rights enshrined in the Constitution. It is a legal remedy available to citizens, ensuring that unlawful detention is swiftly addressed. Empowered by Articles 32 and 226, the writ is a cornerstone of judicial oversight, enabling the Supreme Court and High Courts to act as custodians of personal liberty. This article delves into the meaning, significance, and procedural aspects of Habeas Corpus in India, alongside exceptions and landmark judicial pronouncements that have shaped its application.

KEYWORDS: Habeas Corpus, Indian Constitution, Article 32, Article 226, Personal Liberty, Judicial Oversight.

“A CRITICAL ANALYSIS OF INDIAN ANTI-RAPE LAWS IN BRIEF NEXUS TO THE GLOBAL PERSPECTIVE”

AUTHORS – DANIYAL ZAMEER*, MOHD SAIFULLAH KHAN* & ZUBAIR**, LL.M SCHOLAR* & RESEARCH SCHOLAR** AT FACULTY OF LAW, ALIGARH MUSLIM UNIVERSITY, ALIGARH

BEST CITATION – DANIYAL ZAMEER, MOHD SAIFULLAH KHAN & ZUBAIR, “A CRITICAL ANALYSIS OF INDIAN ANTI-RAPE LAWS IN BRIEF NEXUS TO THE GLOBAL PERSPECTIVE”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 304-311, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

ABSTRACT

This paper critically examines the Indian anti-rape laws, tracing their historical evolution, the current framework, and the effectiveness of these laws in comparison with international standards. Though Indian law has witnessed several legal reforms on this count, especially since 2012 after the Nirbhaya case, justice still eludes the survivors, and sexual abuse in fact continues to find haunting scope. The factors are procedural delays, social stigmata, and unequal enforcement. This paper will examine legal frameworks and practices of other countries that can be used to supplement India’s approach in countering this menace. Analyzing the Indian system brings out gaps, such as the lack of holistic support for survivors and the reformation needed to streamline processes in legal proceedings. The study will provide recommendations aimed at improving the anti-rape legal framework in India by focusing on a number of measures including the protection of victims, efficiency in judicial processes, and raising awareness and education campaigns to overcome stigma. For this paper, it’s very important to contribute to discourse on the improvement of justice for survivors and the reduction of incidence in sexual violence through legislative and procedural change.

KEYWORDS: Anti- Rape, Sexual Abuse, Social Stigma, Sexual Violence.

ROLE OF WTO IN ADVANCEMENT OF INTERNATIONAL TRADE

AUTHOR – IQRA SHAMIM* & DR. HARSHITA THALWAL**, LL.M. STUDENT* & ASSOCIATE PROFESSOR**, CHANDIGARH UNIVERSITY, MOHALI

BEST CITATION – IQRA SHAMIM & DR. HARSHITA THALWAL, ROLE OF WTO IN ADVANCEMENT OF INTERNATIONAL TRADE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 294-305, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The World Trade Organization (WTO) contributes largely to international trade by providing a structure for trade negotiations and enabling efficient processes for the import and export of goods and services. In this abstract, the goals of the paper will be achieved through describing the major elements of the structure and functions of the WTO and over a document its importance in international trade. Founded in 1995, WTO seeks to assist the member countries in developing an open and equitable system of trade through setting rules and resolving disputes. There is a Ministerial Conference, a General Council and a number of committees for the various sectors of international trade which are above the organizational structure of the WTO. Features of the WTO’s trading system include non-discrimination, transparency and predictability principles which enhance the conduct of business. The WTO members also contributed to this development by stimulating liberalization of trade, tariff cuts and provisions of aid for trade to the developing states. On the other hand, its efficiency has been questioned, as its critics have brought to attention the issues of developed world hegemony, stagnation in agricultural policy reforms and new difficulties brought about by the lengthening global supply chains. However, in spite of those, WTO still make a significant impact over the world economy and economic advancement of countries.

Keywords: WTO, International Trade, National Treatment,  Fair Trade, Economics, Ministerial Conference, Free trade.

ENVIRONMENTAL SUSTAINABILITY IN CORPORATE GOVERNANCE

AUTHORS – KHUSHI SHARMA* & DR. CHANDER PRAKASH SINGH**, LL.M. STUDENT* & ASSISTANT PROFESSOR**, CHANDIGARH UNIVERSITY, MOHALI

BEST CITATION – KHUSHI SHARMA & DR. CHANDER PRAKASH SINGH, ENVIRONMENTAL SUSTAINABILITY IN CORPORATE GOVERNANCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 281-293, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper discusses the implementation of sustainability policies in corporate governance and outlines the difficulties faced by organizations and the potential strategies for overcoming them. Companies are increasingly expected to align their practices with stakeholder expectations as the world remains aware of increasing environmental and social issues. The common barriers this study reveals in this vein include a focus on short-term financial issues, lack of awareness, resource constraints, and regulatory uncertainty. Further, it goes deep into proper strategies such as aligning long-term goals with the performance of the short-term agenda, stakeholder engagement improved, and the use of technology to enhance measurement and reporting. The study emphasizes the holistic approach in corporate governance towards sustainability hence culminating in better organizational performance and stakeholder trust.

Keywords – Corporate Governance, Sustainability, ESG Integration, Stakeholder Engagement, Resource Allocation, Regulatory Compliance, Organizational Performance.

INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT (IBRD)

AUTHORS – HIMANSHI*& DR.DEEPTI MONGA**, LLM. STUDENT*AND ASSOCIATE PROFESSOR AT CHANDIGARH UNIVERSITY, MOHALI

BEST CITATION  HIMANSHI & DR.DEEPTI MONGA, INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT (IBRD), INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 275-280, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

International bank for reconstruction and development is one of the five organization group which made the World Bank and it is founded in 1944 with goal of development of the middle income and low income countries by providing loans and grants also with the expert assistance for the enhancement in the infrastructure, healthcare and education. It wants to reduce poverty and want to advance the economical growth. Its member countries act as shareholders whose voting powers are based on their financial contribution. It basically focus on the increase the living standards by reducing the global issues such as climate change.

This article examines the role of IBRD is to promote economic growth and poverty alleviation in low and middle income nations. It looks at the background of the IBRD’s post world war II founding and how it changed in response to international economic difficulties. This study examines case studies of effective IBRD projects and evaluates their influence on national development strategies using a mixed methods methodology. IT shows that a substantial contribution to policy change and infrastructure development issues like project delivery and debt sustainability still pose serious threats to the program’s long term viability.

KEYWORDS: World Bank, Board of Governors, financial growth, infrastructure, education system, IBRD, international economic growth, international monetary fund (IMF), climate change, inequality, developing countries

ASSESSING THE EFFECTIVENESS OF ALTERNATIVE DISPUTE RESOLUTION IN CORPORATE CONFLICT RESOLUTION

AUTHORS- MS. NISHA YADAV* &DR. CHANDER PARKASH SINGH**, LL.M. STUDENT* AND ASSOCIATE PROFESSOR AT CHANDIGARH UNIVERSITY, MOHALI

BEST CITATION – MS. NISHA YADAV &DR. CHANDER PARKASH SINGH, ASSESSING THE EFFECTIVENESS OF ALTERNATIVE DISPUTE RESOLUTION IN CORPORATE CONFLICT RESOLUTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 267-274, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The utilization of Alternative Dispute Resolution (ADR) mechanisms in the resolution of corporate disputes has proven to be an efficacious alternative to conventional litigation. This study examines the effectiveness of ADR methods, including arbitration, mediation, and negotiation, in addressing complex corporate conflicts. ADR offers significant advantages such as expedited proceedings, reduced costs, confidentiality, and the preservation of business relationships. Through an analysis of case studies and empirical data, this paper highlights ADR’s role in alleviating judicial burdens and fostering amicable, mutually beneficial solutions. However, the study acknowledges challenges inherent in ADR, including enforceability concerns, power imbalances between parties, and the variable expertise of arbitrators and mediators. The research posits that the success of ADR in corporate dispute resolution is influenced by factors such as the specific characteristics of the dispute, the willingness of the parties to engage in good faith, and the robustness of the supporting legal framework. This paper concludes that, when effectively implemented and supported by appropriate legislative and institutional structures, ADR serves as a potent mechanism for the resolution of corporate disputes, promoting both procedural efficiency and substantive justice.

Keywords: Alternative Dispute Resolution (ADR), corporate disputes, arbitration, mediation, negotiation, efficiency, confidentiality, cost-effectiveness, business relationships, enforceability, legal framework, dispute resolution

CORPORATE CRIMINAL LIABILITY IN INDIA, UK AND USA: A COMPARATIVE STUDY

AUTHORS – PAVNEET KAUR*& DR. AJAYMEET SINGH**, LLM STUDENT* AND ASSOCIATE PROFESSOR AT CHANDIGARH UNIVERSITY, MOHALI

BEST CITATION – PAVNEET KAUR & DR. AJAYMEET SINGH, CORPORATE CRIMINAL LIABILITY IN INDIA, UK AND USA: A COMPARATIVE STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 262-266, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Corporate Criminal Liability is an idea which holds companies responsible for unlawful actions of its employees or representatives. If a crime is committed by a company such as fraud or environmental violations then it can face legal consequences just like a person. Law can hold companies responsible for actions of its employees if actions are done under the scope of their job and also provides a benefit to the company. If law finds company responsible of any illegal act then fines, penalties or restrictions can be imposed on operations of the company. This encourages companies to engage in ethical practices and comply to programs to prevent illegal activities. In Conclusion, corporate criminal liability aims to ensure that companies must operate within law and must take accountability of its actions.

LEGAL RISKS OF CRYPTOCURRENCY IN INDIA

AUTHOR – ASHIKA KALRA* & DR. NISHA SAIN**, LL.M. (MASTER OF LAWS) SCHOLAR* & ASSISTANT PROFESSOR** AT UNIVERSITY INSTITUTE OF LEGAL STUDIES, CHANDIGARH UNIVERSITY, MOHALI (PUNJAB).

BEST CITATION – ASHIKA KALRA* & DR. NISHA SAIN, LEGAL RISKS OF CRYPTOCURRENCY IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 255-261, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

In India, the legality of cryptocurrencies has been a controversial subject with conflicting opinions and changing laws. In 2018, the Reserve Bank of India (RBI) banned cryptocurrency transactions from banks; however, the Supreme Court reversed this decision in 2020. With continuous debates concerning the possibility of outlawing private cryptocurrencies while investigating a Central Bank Digital Currency (CBDC), the regulatory landscape is still unclear in spite of this. Managing hazards including fraud, money laundering, and financial stability, as well as the requirement for consumer protection and efficient taxation, are the main obstacles. As authorities struggle to develop a framework that fosters technology advancement while protecting economic interests and investor protection, India must continue to strike a balance between innovation and regulation. This essay examines these legal nuances, their effects on the cryptocurrency sector, and possible avenues for an equitable regulatory framework in India. India’s changing regulatory approach to cryptocurrencies is indicative of a larger worldwide effort to strike a balance between the hazards and rewards of digital currencies. Cryptocurrencies raise issues about market volatility, possible abuse for illegal purposes, and difficulties ensuring regulatory compliance, even while they also offer potential advantages including greater financial inclusion, quicker transactions, and technological innovation. The difficulty of developing regulations that safeguard investors without impeding innovation is shown by the Indian government’s hesitancy to accept or reject cryptocurrencies in their entirety. The course that India chooses as it considers a regulatory framework might have a big impact on the country’s startup scene, digital economy, and fintech industry as a whole.

Keywords – Cryptocurrency Regulation, Reserve Bank of India, Blockchain Technology, Bitcoin, Digital Currency in India, Legality, Cryptocurrency Security Risks, Transaction, Fraud, Banks, Ethereum, Services, Digital Currencies, Financial.

FOOD SAFETY FOR CONSUMERS: AN ANALYSIS WITH PARTICULAR REFERENCE TO THE FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

AUTHOR – MR MD JIYAUDDIN, ASSISTANT PROFESSOR, DEPARTMENT OF LAW, VEL TECH RANGARAJAN DR SAGUNTHALA R&D INSTITUTE OF SCIENCE AND TECHNOLOGY

BEST CITATION – MR MD JIYAUDDIN, FOOD SAFETY FOR CONSUMERS: AN ANALYSIS WITH PARTICULAR REFERENCE TO THE FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 246-254, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

           Food safety is an ethereal concept, assessing consumer access to food safety requires a survey and measurement ready architecture. From the consumer’s point of view, food safety is a so-called credence quality trait, which means that instead of having the ability to evaluate or personally experience food safety before making a purchase, customers must rely on and place their trust in related information. Evidence-based information on a variety of food safety issues must be made available to the general public and consumers. Not until then will our mission be completed. The Eat Right India program by the Food Safety and Standards Authority of India (FSSAI) is crucial in ensuring that consumers are informed of pertinent information at every level. We are expanding this game changing initiative to increase consumer control over food choices by empowering them to demand safe and healthful options, which in turn motivates merchants to provide better services. In India, the whole food sector is governed by the FSSAI, a governmental agency. This government agency’s main goal is to make sure that the food you eat complies with essential and established quality criteria and is safe for your health. In India, any food business involved in the production, distribution, storage or transportation of food must apply for a food safety registration or a fssai licence. The FSSAI is not only guarantees adherence to legal requirements but also signifies a food enterprise’s dedication to providing its customers with wholesome, superior, sanitary and secure food items. The obtaining an FSSAI licence is mandatory, there are particular problems that come with it.

Key words: Food safety, Food Safety and Standards Authority of India, Consumers, Legal requirements, Safe and Healthful.