Author: PRASANNASRI26092001

  • THE ROLE OF TECHNOLOGY IN CRIMINAL LAW ENFORCEMENT

    THE ROLE OF TECHNOLOGY IN CRIMINAL LAW ENFORCEMENT

    AUTHOR – VAIDEHI SINGH,  IILM (SCHOOL OF LAW), GREATER NOIDA

    BEST CITATION – VAIDEHI SINGH, THE ROLE OF TECHNOLOGY IN CRIMINAL LAW ENFORCEMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 675-679, APIS – 3920 – 0001 & ISSN – 2583-2344

    ABSTRACT

    Technology is transforming the criminal justice system including police worldwide in the 21st century. Latest technologies make practical activities faster, more efficient, and more useful, and they portray police as high-tech crime investigators. Crime prevention, such as monitoring, crime examination, and offender monitoring, is law enforcement’s most valuable role for society. The ability to prevent crime justifies police monitoring. Innovative technology has been created to reduce crime and enhance police effectiveness. As society becomes more complicated, crime rises. Preventing crime and protecting the nation requires a technical upgrade. In this context, this article examines why the Indian police system is behind in technical progress and outcomes.

    Key Words: Technology, Crime Prevention, Problems, and Prospects.

  • “THE DARK CLOUD OF AFSPA OVER THE STATE OF MANIPUR”

    “THE DARK CLOUD OF AFSPA OVER THE STATE OF MANIPUR”

    AUTHOR – MR. KAUSHIK DAS, STUDENT AT SYMBIOSIS LAW SCHOOL, HYDERABAD, SYMBIOSIS INTERNATIONAL (DEEMED) UNIVERSITY, PUNE

    BEST CITATION – MR. KAUSHIK DAS, THE DARK CLOUD OF AFSPA OVER THE STATE OF MANIPUR, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 661-674, APIS – 3920 – 0001 & ISSN – 2583-2344

    INTRODUCTION:

    India always have been on of the most diverse countries in the world, the amalgamation of different cultures brings about various notions of versatility in the culture for people from other nations to see from the distance, but ironically for the residents and observers from the close proximity the scenery is quite dismal especially starting from the 1950’s focusing on the north east region primarily starting from the bordering areas of Nagaland and Assam resulting in clashes between various ethnic groups about Land possession and rights , the turmoil between student unions representing respective communities and later that turmoil moving primarily towards the State of Manipur .1The seven northeastern states, commonly referred to as the “seven sisters,” face challenges in their relationship with the Indian polity due to their geographical distance. Additionally, they have been affected by processes of mainstreaming and integration, which have been influenced by demographic factors, as well as socio-cultural and political histories and contrasts. The unfavorable perception of AFSPA has been attributed to the occurrence of homicides, instances of torture, and forced disappearances that have taken place in the areas where the Act is implemented. Since its implementation in 1958, the Armed Forces (Special Powers) Act (AFSPA) has been perceived as exerting an arbitrary control over the populace residing in the north-eastern region, rather than adhering to the principles of democratic governance.

  • CORPORATE RESTRUCTURING AND MERGER CONTROL: AN IN-DEPTH EXAMINATION OF COMPETITION AND COMPANY LAW IMPLICATIONS

    CORPORATE RESTRUCTURING AND MERGER CONTROL: AN IN-DEPTH EXAMINATION OF COMPETITION AND COMPANY LAW IMPLICATIONS

    AUTHOR – RAGHAV AGARWAL, AMITY LAW SCHOOL, NOIDA

    BEST CITATION – RAGHAV AGARWAL, CORPORATE RESTRUCTURING AND MERGER CONTROL: AN IN-DEPTH EXAMINATION OF COMPETITION AND COMPANY LAW IMPLICATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 654-660, APIS – 3920 – 0001 & ISSN – 2583-2344

    ABSTRACT

    A crucial component of contemporary business operations, corporate restructuring and merger control frequently have important strategic, financial, and legal ramifications. The competition and company law ramifications of corporate restructuring procedures are thoroughly examined in this research study. The study first examines the basic ideas and forms of corporate restructuring, such as joint ventures, acquisitions, disposals, and mergers, and then it clarifies the reasons for these calculated actions. It then explores the legal framework for merger control, explaining the functions of regulatory agencies and the goals of merger control legislation. The study then examines how corporate restructuring may affect competition law, looking at market concentration, antitrust issues, and possible anti-competitive repercussions. Additionally, it looks into the consequences for company law, including matters of corporate governance, shareholder rights, and board duties. The article demonstrates the real-world implementation of merger control procedures and the legal obstacles that arise through case studies and examples. It also looks at enforcement issues, the function of regulatory bodies, and global viewpoints on merger control. The report concludes by outlining upcoming trends and advancements in corporate restructuring and offering perspectives on new problems and prospective modifications to merger control legislation. This paper makes a significant contribution to our understanding of the legal and regulatory framework surrounding corporate restructuring by combining theoretical frameworks with practical insights. This understanding will inform future research endeavors and business practices.

    Keywords: Mergers & Acquisitions, Company Law, Competition law

  • EV VEHICLES A RENEWABLE ALTERNATIVE TO IC ENGINES? SOCIO-LEGAL IMPLICATIONS

    EV VEHICLES A RENEWABLE ALTERNATIVE TO IC ENGINES? SOCIO-LEGAL IMPLICATIONS

    AUTHOR – YASHVEER MISHRA, STUDENT AT CHRIST (DEEMED TO BE UNIVERSITY) DELHI NCR

    BEST CITATION – YASHVEER MISHRA, EV VEHICLES A RENEWABLE ALTERNATIVE TO IC ENGINES? SOCIO-LEGAL IMPLICATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 635-653, APIS – 3920 – 0001 & ISSN – 2583-2344

    ABSTRACT

    In the modern times the governments are pushing for the Electric Vehicles (EV) by providing a lot of incentives to the manufacturers to produce more Electric Vehicles (EV) while providing subsidies to the consumers to encourage them into purchasing the Electric Vehicles (EV) instead of the traditional Internal combustion (IC) engine cars as green alternative but is it really that green to switch to Electric Vehicles (EV) in the present, this paper will deal with a detailed analysis of problem caused by internal combustion (IC) engine vehicles which are the major source of air pollution and greenhouse gas emissions even though we know that Electric vehicles (EVs) offer a renewable alternative, but their adoption is still in its early stages. This paper examines the socio-legal implications of EVs, focusing on key areas like Environmental regulation, Urban planning and Consumer protection. Lastly, this paper concludes by arguing that EVs have the potential to revolutionize transportation and reduce the environmental impact of the transportation sector. Further, the adoption of EVs will require careful consideration of the socio-legal implications.

    Keywords: electric vehicles, renewable energy, environmental regulation, urban planning, consumer protection.

  • ENFORCING THE UNSTAMPED: AN ANALYSIS ON THE VALIDITY AND ENFORCEMENT OF UNSTAMPED ARBITRATION AGREEMENTS UNDER INDIAN LAW

    ENFORCING THE UNSTAMPED: AN ANALYSIS ON THE VALIDITY AND ENFORCEMENT OF UNSTAMPED ARBITRATION AGREEMENTS UNDER INDIAN LAW

    AUTHOR – JOHANNA CLEMENTIA R & AKSHY VARSHANTH B, STUDENTS AT CHRIST (DEEMED TO BE UNIVERSITY), BANGALORE

    BEST CITATION – JOHANNA CLEMENTIA R & AKSHY VARSHANTH B, ENFORCING THE UNSTAMPED: AN ANALYSIS ON THE VALIDITY AND ENFORCEMENT OF UNSTAMPED ARBITRATION AGREEMENTS UNDER INDIAN LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 623-634, APIS – 3920 – 0001 & ISSN – 2583-2344

    Abstract:

    The evolution of legal interpretation regarding the interplay between arbitration agreements and stamp laws in India has been marked by complex jurisprudential shifts. This paper examines the landmark ruling of the Indian Supreme Court in “In Re: The Interplay between Arbitration Agreements under the Arbitration and Conciliation Act, 1996, and the Indian Stamp Act, 1899” (“In Re: The Interplay”), which provided clarity on the admissibility and enforceability of arbitration agreements within inadequately stamped instruments. It traces the historical evolution of jurisprudence on unstamped arbitration agreements, highlighting seminal cases such as SMS Tea Estates v. Chandmari Tea Co. Pvt. Ltd. and N.N. Global Mercantile Pvt. Ltd. v. Indo Unique Flame Ltd. (NN Global 2). A paradigm shift occurred with the N.N. Global Mercantile case (NN Global 1) in 2021, emphasizing the autonomous nature of arbitration agreements. This paper analyzes the implications of these legal developments and their significance in fostering investor confidence and enhancing alternative dispute resolution mechanisms in India. Keywords: arbitration agreements, stamp laws, jurisprudential evolution, Indian judiciary, landmark ruling, doctrinal clarity, legal conundrum, Supreme Court, enforcement mechanisms, statutory compliance, alternative dispute resolution.

    Keywords: arbitration agreements, stamp laws, jurisprudential evolution, Indian judiciary, landmark ruling

  • EXAMINING THE IMPACT OF ELECTION FREEBIES ON FREE AND FAIR ELECTIONS: AN ANALYSIS OF CORRUPT PRACTICES

    EXAMINING THE IMPACT OF ELECTION FREEBIES ON FREE AND FAIR ELECTIONS: AN ANALYSIS OF CORRUPT PRACTICES

    AUTHOR – KUNAPALLI HARSHIT KUMAR, STUDENT AT CHRIST UNIVERSITY

    BEST CITATION – KUNAPALLI HARSHIT KUMAR, EXAMINING THE IMPACT OF ELECTION FREEBIES ON FREE AND FAIR ELECTIONS: AN ANALYSIS OF CORRUPT PRACTICES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 615-623, APIS – 3920 – 0001 & ISSN – 2583-2344

    Abstract

    This research delves into the multifaceted issues surrounding the distribution of election freebies and its implications for the integrity of electoral processes and democratic principles. The study investigates whether the distribution of election freebies can be deemed a form of bribery or inducement, thereby compromising the fairness and transparency of elections. Additionally, it examines how election freebies impact the level playing field for candidates and the fairness of electoral competition, exploring whether these incentives create unequal opportunities and favoritism. Furthermore, the research scrutinizes the extent to which election freebies influence voter behavior and decision-making, potentially undermining voters’ autonomy and rational choice. By analyzing these dynamics, the study seeks to uncover whether election freebies contribute to increased corruption and misuse of public funds during the election period, shedding light on the intersection between electoral practices and corruption. Moreover, the research delves into how election freebies affect the overall democratic principles of equal representation and citizen participation, exploring their role in shaping political dynamics and citizen engagement. Through a comprehensive examination of these issues, the research aims to provide insights into the complex relationship between election freebies, electoral integrity, and democratic governance, offering recommendations for policy reforms and institutional safeguards to uphold the principles of fairness, transparency, and accountability in electoral processes.

  • THE IMPACT OF CYBER CRIME ON INDIAN ECONOMY AND STATE

    THE IMPACT OF CYBER CRIME ON INDIAN ECONOMY AND STATE

    AUTHOR – NAMAN TYAGI, STUDENT AT CHRIST DEEMED TO BE UNIVERSITY

    BEST CITATION – NAMAN TYAGI, THE IMPACT OF CYBER CRIME ON INDIAN ECONOMY AND STATE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 606-614, APIS – 3920 – 0001 & ISSN – 2583-2344

    ABSTRACT

    This abstract examines the substantial effects of cybercrime on the Indian economy and their implications for the state. The rising incidence of cybercrime has presented significant problems to India’s national security and economic stability. As the digital landscape expands, critical businesses including financial services, e-commerce, and government infrastructure have become targets for cybercriminal activities like fraud, data breaches, and hacking. These attacks undermine public trust, interfere with business operations, and compromise vital information, all of which impede economic growth and progress. The Indian state bears the difficult task of countering this multifaceted challenge. Along with enhancing cybersecurity safeguards, it must strike a balance between upholding efficient law enforcement and safeguarding residents’ privacy. Collaboration between governmental agencies, corporations, and foreign partners is essential to combating the ever-evolving nature of cyber threats. To address the effects of cybercrime on the Indian economy and state, policymakers must support an all-encompassing approach that protects individual rights as well as national interests in the digital age.

  • AN EMPIRICAL STUDY ON LEGAL PERSPECTIVES ON COMMERCIALIZATION OF SURROGACY IN INDIA

    AN EMPIRICAL STUDY ON LEGAL PERSPECTIVES ON COMMERCIALIZATION OF SURROGACY IN INDIA

    AUTHORS – SHARADH SURESHBABU1 & DR.R.CHANDRASEKAR2

    STUDENT1 & ASSISTANT PROFESSOR2 AT SAVEETHA SCHOOL OF LAW,

    SIMTS

    BEST CITATION – SHARADH SURESHBABU & DR.R.CHANDRASEKAR, AN EMPIRICAL STUDY ON LEGAL PERSPECTIVES ON COMMERCIALIZATION OF SURROGACY IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 591-606, APIS – 3920 – 0001 & ISSN – 2583-2344

    ABSTRACT

    Surrogacy indicates a form of third party reproductive custom wherein intending parents contract a surrogate mother to give childbirth. Surrogacy in its proper definition is it is a procedure or arrangement of giving birth for somebody else. Gestational Surrogacy provides a golden opportunity to those couples who are unable to have their own children become parents. From a commercialization point of view, India was considered to be a famous surrogacy destination which was otherwise known as “Baby Factory”. The Universal Declaration on Human Rights also acknowledges Right to Family as a fundamental human right of a person. Thus, it also provides an option for the concept of surrogacy for people who cannot conceive. The law says that the practice of surrogacy should be altruistic in its character.so, it banned the commercialization of surrogacy. The objectives of my research is to understand the current scenario of surrogacy & its commercialization in India & other countries, To find out various legislations available with our government to surrogacy, To create awareness among the public whether the surrogate mother has any share over the property of the child, To discover various alternatives to equalize the effect of surrogacy commercialization in India, To understand the mental health of surrogates due to commercialization. The researcher has 202 samples collected. The researcher followed the Empirical Research Method. Since, Surrogacy is an act that enables all the couples to enjoy the taste of parenthood no matter whether they reproduce or not. So, this should be protected by our government & people for long without the undue influence of monetary terms & greater attention is required on this sensitive matter.

    KEYWORDS Child, Surrogacy, Surrogate Mother , India, Mental Health

  • CYBER CRIME IN INDIA, ITS GENERAL OVERVIEW AND  ALARMING RISE OF CYBERCRIME IN INDIA

    CYBER CRIME IN INDIA, ITS GENERAL OVERVIEW AND  ALARMING RISE OF CYBERCRIME IN INDIA

    AUTHOR – EVAN ALEX, STUDENT AT CHRIST UNIVERSITY

    BEST CITATION – EVAN ALEX, CYBER CRIME IN INDIA, ITS GENERAL OVERVIEW AND  ALARMING RISE OF CYBERCRIME IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 579-590, APIS – 3920 – 0001 & ISSN – 2583-2344

    Abstract:

     In the global community of the future, the Internet is evolving into the town square.  The Internet has now connected us all, much like neurons in a massive brain. Indeed, the internet has become both a blessing and a curse for modern society. These days, furthermore, as the requirement for the internet grows, safeguarding our data and information has also become essential. Regardless of whether you own a company, are a regular internet user, or something else entirely, you should know how to reduce risks, dangers, and cybercrime in addition to being proactive, careful, and aware of cybercriminals.  Because of the development of technology, man now relies entirely on the internet. Man may now easily access everything while seated in one location thanks to the internet. The internet can be used for social networking, online shopping, data storage, gaming, online education, online employment, and anything else that comes to mind. Almost every field makes use of the internet. The idea of cybercrimes evolved along with the internet and all of its associated advantages.  Cybercrimes take various shapes when they are committed. A few years ago, people were unaware of the atrocities that could be perpetrated online. When it comes to cybercrimes, India is catching up quickly to other nations where the frequency of these crimes is likewise rising daily. India saw a sharp rise in cybercrime cases in 2019 of 63.5%, according to the most recent government data. In India, the number of cybercrime cases increased dramatically by 63.5% in 2019.  According to data from the National Crime Record Bureau (NCRB), there were 44,546 cybercrimes reported in 2019 compared to 28,248 in 2018.  Karnataka (12,020) was the state with the most cybercrime cases, closely followed by Uttar Pradesh (11,416), Maharashtra (4,967), Telangana (2,691), and Assam (2,231). 78% of cybercrimes in the Union Territories were reported from Delhi.

  • UNVEILING THE LEGAL LANDSCAPE OF ONLINE GAMBLING AND FANTASY GAMING IN INDIA: AN ANALYSIS OF THE UNDERGROUND ECONOMY

    UNVEILING THE LEGAL LANDSCAPE OF ONLINE GAMBLING AND FANTASY GAMING IN INDIA: AN ANALYSIS OF THE UNDERGROUND ECONOMY

    AUTHOR – DHANUSH M N, STUDENT AT CHRIST UNIVERSITY

    BEST CITATION – DHANUSH M N, UNVEILING THE LEGAL LANDSCAPE OF ONLINE GAMBLING AND FANTASY GAMING IN INDIA: AN ANALYSIS OF THE UNDERGROUND ECONOMY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 571-578, APIS – 3920 – 0001 & ISSN – 2583-2344

    Abstract

    The emergence of online gaming stands as a pioneering force in this century, transforming in an age marked by rapid technological progress and widespread internet access. However, the unregulated landscape of online gambling presents significant implications for both individuals and nations. This article delves into the nuanced domain of gambling and online betting regulations in India, providing an in-depth analysis of its regulatory framework. It offers a comprehensive overview of India’s legal landscape concerning online gambling, including key legislations such as the Public Gambling Act of 1867, the Information Technology Act of 2000, and the Financial Exchange Management Act of 2000. Within the current legal framework of India, the paper advocates for the potential benefits of legalizing and regulating gambling activities. It underscores the imperative to delineate between games of skill and chance within online gaming platforms and explores the associated complexities. Furthermore, it highlights the repercussions of unregulated online gambling in India and the pressing need for a robust legal framework. Finally, the paper puts forth recommendations for more stringent oversight and management of online gaming in the country.

    Keywords – Online Gambling, Regulatory Framework, Gambling Laws, Fantasy Games, Games of Skill, Taxes