Author: PRASANNASRI26092001

CRITICAL ANALYSIS OF THE LAW OF INDEMNITY UNDER SECTION 124 AND SECTION 125 OF THE INDIAN CONTRACT ACT, 1872

AUTHOR – ANKITAA N. IYER, STUDENT AT SYMBIOSIS LAW SCHOOL, PUNE

BEST CITATION – ANKITAA N. IYER, CRITICAL ANALYSIS OF THE LAW OF INDEMNITY UNDER SECTION 124 AND SECTION 125 OF THE INDIAN CONTRACT ACT, 1872, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1671-1674, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

A contract entered into between two parties in which one promises to shield the other from loss is known as an indemnification contract.^[1] In these contracts, the party receiving the protection is referred to as the indemnity-holder or the indemnified, while the party saving from such damage is referred to as the indemnifier. The law of indemnity is enshrined in Section 124 and Section 125 of the Indian Contract Act, 1872^[2]. Such contracts are typically included in a clause with another instrument rather than being utilized individually. The Indian Contract Act of 1872 limits the scope by specifying the ‘contract of indemnification’ instead of ‘promise of indemnity’. This paper aims to throw some light on the limitation of the statute on the grounds of the scope within the ambit of the sections involved.

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[1] https://www.ijlmh.com/paper/identifying-the-gaps-issues-and-shortcomings-in-section-124-and-section-125-of-the-indian-contract-act-1872-and-recommending-solutions-to-fill-the-gaps-and-shortcomings/

[2] The Indian Contract Act, Act No.9, Imperial Legislative Council, (1872).

IMPACT OF MOTOR VEHICLE ACT ON TORTS LAW IN INDIA

AUTHOR – ABHINAV PATEL, STUDENT AT DR. RAM MANOHAR LOHIA NATIONAL LAW UNIVERSITY

BEST CITATION – ABHINAV PATEL, IMPACT OF MOTOR VEHICLE ACT ON TORTS LAW IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1657-1670, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Motor Vehicles Act (MVA), hereinafter MVA in India stands as a pivotal legislation governing road safety, vehicle operations, and liability in cases of accidents. This research paper delves into the multifaceted impact of the MVA on tort law in India. Through an extensive examination of legal provisions, judicial interpretations, and scholarly analyses, the paper elucidates how the MVA has influenced the landscape of tort law, particularly concerning negligence, compensation, and liability determination in motor vehicle accident cases. By exploring key legal principles, case studies, and legislative developments, the paper provides valuable insights into the interplay between statutory regulations and common law principles, shedding light on the complexities and implications of the MVA on tort law jurisprudence in India.

REVISITING CENTRE-STATE RELATIONS IN INDIA: A CALL FOR A FRESH FRAMEWORK

AUTHOR – DINESH KUMAR MISHRA, STUDENT AT GNLU SILVASSA CAMPUS

BEST CITATION – DINESH KUMAR MISHRA, REVISITING CENTRE-STATE RELATIONS IN INDIA: A CALL FOR A FRESH FRAMEWORK, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1649-1656, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract-

“Ever since the Indian Constitution was drafted, the relationship between the central government and the state has been a contentious topic of discussion in India. The people who drafted the Constitution had the intention of establishing a federal system that could strike a balance between the power of the central government and the power of the states by granting them both autonomy and cooperation. Taking this into consideration, numerous concerns and debates concerning these connections have been brought up over the course of time, which has resulted in calls for a reassessment of the framework that is currently operating. The centre-state relationship in India as it exists today is the subject of this research article, which places a particular emphasis on the most significant problems and difficulties associated with the existing framework. In addition to that, it will make an effort to evaluate the historical context as well as the development of federalism in this country. In addition, developments such as the introduction of the goods and services tax (GST) and the role that finance commissions play in relation to the relationship between the centre and the state will be taken into consideration. A fresh structure for the interactions that take place between the central government of India and its individual states is presented in this article. This framework acknowledges the various social, economic, and political realities that are constantly evolving in India. While simultaneously promoting collaboration and coordination between the central government and the states, it champions the idea that states should have a greater degree of autonomy in decision-making. The framework addresses a variety of issues, including fiscal federalism, administrative reforms, and conflicts between states, and it proposes specific reform measures”.

Keywords- centre state relation, liberalization, globalization, political parties

TAXATION LAW IN INDIA AND AUSTRALIA

AUTHORS – PRADEEP VAJPAYEE, MAHARASHTRA NATIONAL LAW UNIVERSITY AURANGABAD

BEST CITATION – PRADEEP VAJPAYEE, TAXATION LAW IN INDIA AND AUSTRALIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1634-1648, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This Seminar Paper Presents a Detailed Comparative Analysis Of Taxation Laws In India And Australia, Delving Into Key Dimensions Such As Income Taxation, Corporate Taxation, Goods And Services Tax (Gst), Tax Administration, And Recent Developments. By Examining The Nuances Of Each Country’s Tax System, The Paper Uncovers Notable Similarities And Differences, Providing Valuable Insights For Policymakers, Practitioners, And Researchers. Through An Exploration Of Tax Brackets, Deductions, Exemptions, And Treatment Of Various Income Sources, Alongside An Analysis Of Corporate Tax Rates, Multinational Considerations, And Gst Structures, The Paper Offers a Comprehensive Understanding Of How Taxation Laws Shape Economic Landscapes In Both Countries.Furthermore, The Paper Scrutinizes Tax Administration Processes, Including Compliance Mechanisms, Audit Procedures, And Enforcement Measures, To Assess The Efficacy Of Tax Authorities In Ensuring Fairness And Revenue Collection. By Investigating Tax Treaties, Case Studies, And Recent Reforms, The Paper Elucidates The Practical Implications Of Taxation Laws On Individuals, Businesses, And The Broader Economy. Ultimately, This Comparative Analysis Contributes To a Deeper Understanding Of The Complexities Of Taxation Systems In India And Australia, Offering Valuable Insights For Fostering Effective Tax Policy, Administration In The Global Tax Landscape.

GLOBAL ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS WITH SPECIAL REFERENCE TO COUNTERFEITING AND PIRACY

AUTHOR – SHIVANI JOHR, ASSISTANT PROFESSOR AT SHARDA UNIVERSITY

BEST CITATION – SHIVANI JOHRI, GLOBAL ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS WITH SPECIAL REFERENCE TO COUNTERFEITING AND PIRACY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1628-1633, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Modern age has come upon several occasions when nations have been instrumental in the making of international law. But the nature and influence of the current actors on States,  and characterised by a global network of wealthy private corporations working in tandem from across boundaries of affluent nations, is extraordinary. Indeed, today’s most widely accepted international intellectual property law was a perfectly constructed norm-setting schema of just twelve global corporations working collectively behind closed doors, for the sake of addressing counterfeiting and piracy.

The world has been witness to intellectual property counterfeiting and piracy since a very long time and currently this apparent reality has grown in proportion. Counterfeiting is principally linked to the external manifestation of goods or products. The internal, constitutional component of any product involved, are generally not deemed to be falling within the ambit of counterfeiting. Thus, as far as intellectual property (IP) is concerned, counterfeiting is essentially a trademark issue. Similarly, in intellectual property parlance, piracy is essentially associated with the domain of copyright. The copying or using of the content of a creation or matter that there are references to piracy having taken place during the ancient Greek and Roman periods.

This Research paper is rather an endeavour to establish an analogy between offences related to IP infringements such as counterfeiting and piracy.

Keywords- Counterfeiting, Piracy , Intellectual property

IPR IN THE REALM OF COMPETITION: A CRITICAL ANALYSIS

AUTHORS – SHIVANI JOHRI* & VASVI TALWAR**, ASSISTANT PROFESSOR* & RESEARCH SCHOLAR** AT SHARDA UNIVERSITY

BEST CITATION – SHIVANI JOHRI & VASVI TALWAR, IPR IN THE REALM OF COMPETITION: A CRITICAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1623-1627, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

According to WIPO, Intellectual Property (IP) refers to creations of the mind, such as inventions; literary and artistic works; design; and symbols, names and images used in commerce. It is the creative work of the human intellect. Like any other property right, it gives the owner the sole right to benefit from their creation, for a specified period. Article 27 of the Universal Declaration of Human Rights provides for the right to benefit from the protection of moral and material interests resulting from authorship of scientific, literary or artistic productions.[3] It promotes science, technology, art etc. and can be associated with a nation’s progress in those fields and other related fields. Competition Law is the body of law that seeks to promote market competition by regulating the market. This regulation is done by monitoring any anti-competitive conduct on the part of businesses and regulating the same. The objective of competition law is to ensure that there is a fair marketplace for consumers to choose from and for producers to carry on their business. It seeks to prohibit unethical practices that are aimed at gaining a larger market share, which causes difficulty to smaller businesses and new businesses trying to enter the market.

S 3(5)(i) of the Competition Act, 2002 deals with IPR in Competition Law. The section excludes IPR from restrictive trade practices and attempts to resolve some of the contradictions. This is because intellectual property protection is, in fact, necessary as it is a prerequisite for innovation, which is why most laws, including Competition Law, gives a priority to IPR protection.

At first glance IPR and competition law are like fire and water, i.e., they operate against each other. This perception has somehow changed over time and the current belief is that they have converging notions.

Competition law is focused on limiting monopoly power and the goal is to protect and promote consumer welfare. On the other hand, IPR is focused on innovation by providing exclusivity to the owners to perform a commercial activity but this does not mean they can exert monopoly status in the market. Even though IPR grants the holder a preventive right, this right cannot be exclusive so as to grant monopoly status. This is where competition law comes in and if there is any anti-competitive practice or conduct on the part of the IPR holder, it is subjected to competition law. The Competition act, 2002 deals with IPR conflicts in a comprehensive manner.

Competition and innovation are two major components of any market economy. They are the pillars on which growth, development and efficiency are built, generated and enhanced. This research paper discusses the intersection between IPR and Competition Act.

KEYWORDS- IPR, Competition law, WIPO, Monopoly

PRESERVING TRUTH: ENSURING FORENSIC FIDELITY IN INDIAN CRIMINAL TRIALS

AUTHOR –VANSHIKA SHUKLA, RESEARCH SCHOLAR AT DEPARTMENT OF LEGAL STUDIES, BANASTHALI VIDYAPITH, JAIPUR

BEST CITATION – VANSHIKA SHUKLA, PRESERVING TRUTH: ENSURING FORENSIC FIDELITY IN INDIAN CRIMINAL TRIALS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1613-1622, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Forensic evidence plays a pivotal role in shaping the outcomes of criminal trials, often serving as the backbone of justice. In the context of India’s diverse and complex legal system, maintaining the fidelity of forensic evidence is of utmost importance to ensure fair and accurate verdicts. The paper delves into the various dimensions of preserving truth through the lens of forensic evidence in Indian criminal trials. It examines the challenges and opportunities in upholding the integrity of forensic evidence, analyses the legal framework surrounding its collection, preservation, and presentation, and explores the role of technological advancements in enhancing forensic fidelity. The paper also highlights case studies and discusses potential reforms to strengthen the fidelity of forensic evidence in the Indian criminal justice system, ultimately aiming to contribute to a more equitable and reliable legal process.

KEYWORDS: Forensic Evidence, Fidelity, Criminal Trials, Indian Legal System, Chain of Custody

PROSECUTORIAL APPROACHES TO ANIMAL CRUELTY CASES: A COMPREHENSIVE ANALYSIS

AUTHOR – AYUSH PAUL, STUDENT, AT CHRIST (DEEMED TO BE UNIVERSITY) PUNE LAVASA CAMPUS

BEST CITATION – AYUSH PAUL, PROSECUTORIAL APPROACHES TO ANIMAL CRUELTY CASES: A COMPREHENSIVE ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1598-1612, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This paper examines prosecutorial approaches to animal cruelty cases, focusing on the legal frameworks, strategies, and challenges encountered in securing convictions. Animal cruelty, encompassing acts that cause unnecessary suffering or harm to animals, is addressed through a complex interplay of federal, state, and local laws in the United States. Prosecutors face significant challenges, including gathering sufficient evidence, overcoming public and judicial biases, and interpreting the nuances of animal cruelty statutes. With the help of this effective prosecution strategies, such as the application of forensic veterinary science, the utilization of expert testimony, and collaboration with animal welfare organizations we can analyse the utility of the same.

In the case of People v. Garcia (2010), which established a critical precedent for the use of forensic evidence in animal cruelty prosecutions. In this case, the defendant’s conviction was secured through comprehensive veterinary forensic evidence that illustrated prolonged neglect and abuse of multiple animals, highlighting the pivotal role of expert testimony and scientific evidence in such prosecutions. Furthermore, this paper explores the implications of landmark cases on current prosecutorial practices and the evolving legal landscape. It also underscores the importance of public awareness and educational initiatives in the prevention of animal cruelty. The goal is to provide a thorough understanding of how the legal system can more effectively address and mitigate instances of animal cruelty, thereby ensuring justice for animal victims and fostering enhanced societal values regarding animal welfare.

Keywords: Prosecutorial approaches, Animal cruelty cases, Forensic veterinary science, Expert testimony, Legal frameworks

CORPORATE AND INDIVIDUAL CRIMINAL LIABILITY FOR INTERNATIONAL CRIMES: TRENDS AND CHALLENGES

AUTHOR – DV. SHRUTHI & DV. LAYA, STUDENTS AT CHRIST UNIVERSITY, BANGALORE

BEST CITATION – DV. SHRUTHI & DV. LAYA, CORPORATE AND INDIVIDUAL CRIMINAL LIABILITY FOR INTERNATIONAL CRIMES: TRENDS AND CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1589-1597, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION: Crime knows no borders in our increasingly interconnected world (Keith, 2010).

What is Corporate and Individual Criminal Liability for International Crimes? Corporate criminal liability for international crimes – The term “corporate criminal liability for international crimes” describes a company’s legal responsibility for crimes like crimes against humanity, war crimes, and genocide. This newly developed field of law deals with the accountability of companies for their direct or indirect participation in the commission of such crimes. It brings up difficult issues about human rights, corporate governance, and the worldwide confluence of ethics and business. An important aspect of this trend is the role of corporations in white-collar criminality and the consequences it has on the punishment of this particular wrongdoing, a logical reaction to this phenomenon seems to be, as has happened for that matter in torts law, to sanction corporations for the wrongdoing for which they are responsible, logical thought to this solution may be may be that it does not take into account the traditional hesitation of criminal law and criminal lawyers with regard to change^[1]. Determining the extent of accountability and guaranteeing efficient enforcement procedures across jurisdictions continue to be difficult tasks, nonetheless.

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[1] Stessens, G. (1994) ‘Corporate Criminal Liability: A comparative perspective’, International and Comparative Law Quarterly, 43(3), pp. 493–520. doi:10.1093/iclqaj/43.3.4 Burton, B.P. (2014) Corporate Criminal Liability: Federal law and prosecutorial discretion issues. New York: Novinka.

ANALYSIS OF PREVENTION OF CORRUPTION ACT 1988

AUTHOR – PARITOSH KUMAR GUPTA, STUDENT AT LLOYD LAW COLLEGE

BEST CITATION – PARITOSH KUMAR GUPTA, ANALYSIS OF PREVENTION OF CORRUPTION ACT 1988, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1582-1588, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The major problem that exists worldwide is the problem of corruption. Both developed as well as developing countries face corruption. The problem of corruption needs to be solved at the grassroots level. Controlling and eradicating corruption from the system can be achieved through the effective implementation of appropriate legal measures. Essentially, the task of monitoring and eliminating corruption from our system can only be effectively achieved with the assistance of a proper and suitable instrument: the law. There is separate legislation in India to deal with corruption- Prevention of Corruption Act, 1988. It is incumbent upon us to take responsibility and unite in our efforts to establish a corruption-free nation.

KEYWORDS : Corruption, Central government, State government, Central Bureau Investigation, Police, Government employee, Supreme Court.