Author: PRASANNASRI26092001

CONCEPT OF PLEA BARGAINING UNDER INDIAN LEGAL SYSTEM: STUDYING ITS EFFECTIVENESS

AUTHOR – VAIBHAV THAPLIYAL, STUDENT AT CHRIST (DEEMED TO BE UNIVERSITY), DELHI-NCR CAMPUS

BEST CITATION – VAIBHAV THAPLIYAL, CONCEPT OF PLEA BARGAINING UNDER INDIAN LEGAL SYSTEM: STUDYING ITS EFFECTIVENESS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 257-268, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

In exchange for a guilty plea, defendants can barter with prosecutors to have their charges or sentences lowered. This procedure is known as plea bargaining. This study examines the idea of plea bargaining within the context of the Indian judicial system and seeks to determine whether it is effective in reaching the desired outcome. Plea bargaining was made permissible in India in 2005 thanks to the Criminal Law (Amendment) Act, whose main goals were to lighten the load on the courts, speed up the legal system, and provide people a chance to receive quick justice. This paper evaluates the efficacy of plea bargaining in the Indian context using a thorough evaluation of the legal literature, case law analysis, and empirical data. The paper explores the advantages and difficulties of plea bargaining. The load on crowded courts is reduced, cases are resolved more quickly, and a cost-effective approach to criminal proceedings is encouraged. On the other hand, difficulties include worries about openness, the possibility of abuse, the defense of the accused’s rights, and the possibility of pressure. This research evaluates whether the plea bargaining procedure actually promotes justice by striking a balance between speedy settlement and protecting the rights of the accused by looking at the outcomes of cases where plea bargaining has been used. For a complete knowledge of the criminal justice system’s operation, the study also considers the viewpoints of scholars, practitioners, and other interested parties. It is predicted that this research would lead to a detailed assessment of the efficiency of plea bargaining in the Indian legal system.

Keywords: Plea bargaining, Cost-effective approach, Criminal Law (Amendment) Act

CRITICAL ANALYSIS OF ENFORCEMENT OF INVESTMENT ARBITRAL AWARDS UNDER INDIAN REGIME

AUTHOR – NIRBHAY ARORA, STUDENT AT SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY), BENGALURU

BEST CITATION – NIRBHAY ARORA, CRITICAL ANALYSIS OF ENFORCEMENT OF INVESTMENT ARBITRAL AWARDS UNDER INDIAN REGIME, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 248-256, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Through this research paper, the author attempts to delve into the binding nature of arbitral awards and the corresponding compliance obligations imposed on parties to arbitration. It explores the prevalent belief that parties involved in investment treaty disputes generally adhere voluntarily to arbitral awards, with judicial enforcement rarely necessary. This inclination towards compliance is attributed to factors such as potential political repercussions, economic ramifications, and the desire to uphold a favourable image for prospective investors. The paper underscores the pivotal role played by efficient enforcement mechanisms, notably governed by two principal conventions: the New York Convention and the ICSID Convention. The New York Convention, applicable to both commercial and investment arbitration, facilitates the enforcement of awards rendered under various institutional or ad hoc arbitration rules. Conversely, the ICSID Convention exclusively governs enforcement for investment arbitration. Author has attempted to delineate distinct enforcement procedures under both regimes. Under the ICSID Convention, enforcement is straightforward and mandatory for contracting states, treating awards akin to national court judgments. The convention limits parties from seeking appeals outside its framework, emphasizing constrained review procedures. Enforcement proceedings may take place in the host state, the investor’s home state, or another contracting state. Whereas, in contrast to the same, the New York Convention mandates court proceedings for recognition and enforcement in the state where awards are sought and such a process entails submitting arbitral award documents and translations, subject to specified exceptions and challenge grounds outlined in Article V.

The paper highlights disparities in enforcement focus between the ICSID and New York Conventions, particularly underscoring challenges encountered by states adhering to the latter but not the former. Furthermore, it delves into India’s investment treaty journey, emphasizing challenges in attracting Bilateral Investment Treaties (BITs) and enforcing investment arbitration awards due to its non-party status to the ICSID Convention. In conclusion, the paper advocates for a re-evaluation of the scope of the Arbitration Act in India to encompass investment treaty arbitrations, drawing insights from the UNCITRAL Model Law and the New York Convention. It proposes adopting a broader interpretation of ‘commercial relationships’ to facilitate the enforcement of investment arbitration awards within India’s legal framework.

Keywords: Arbitral Award, Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID), Investment, New York Convention, United Nations Commission on International Trade Law (UNCITRAL)

A NEED FOR GENDER NEUTRAL LAW: SECTION 498A OF THE INDIAN PENAL CODE, 1860

 AUTHOR – PRERANA RACHAPPA CHAVADI, STUDENT AT CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – PRERANA RACHAPPA CHAVADI, A NEED FOR GENDER NEUTRAL LAW: SECTION 498A OF THE INDIAN PENAL CODE, 1860, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 243-247, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Gender-specific laws have long been a subject of debate in legal discourse, particularly within the context of addressing issues of domestic violence and marital discord. Section 498A of the Indian Penal Code of 1860 stands as a notable example, aimed ostensibly at protecting married women from cruelty and harassment by their husbands or in-laws. However, the implementation and consequences of this law have brought to light significant concerns regarding its gender-specific nature and its potential for misuse. The primary purpose of this study is to critically examine the efficacy and fairness of Section 498A in its current form, particularly in light of the changing dynamics of contemporary relationships and evolving societal norms. This paper explores the imperative for gender-neutral reforms within Section 498A, advocating for a more equitable legal framework that ensures justice for all parties involved. Through a comprehensive review of legal literature, case studies, the paper evaluates the impact of gender-specific legislation on the society. The findings of this study highlight several key shortcomings of the existing gender-specific approach of Section 498A. While designed to protect women from cruelty, the law often fails to acknowledge instances of male victimization and perpetuates gender stereotypes that hinder the pursuit of justice for all individuals. Moreover, the data shows a concerning trend of misuse of Section 498A for personal vendettas and extortion, resulting in the unjust persecution of innocent individuals, including women. This paper asserts the pressing need for gender-neutral reforms within Section 498A of the Indian Penal Code. By adopting a more inclusive approach that recognizes the diverse experiences and vulnerabilities of individuals regardless of gender, the legal system can fulfill its mandate of safeguarding the rights and dignity of all citizens.

Keywords: Section 498 A of Indian Penal Code 1860, Cruelty, Misuse, Gender Neutral Reforms.

BRIDGING THE GAP BETWEEN UNIFORM CIVIL CODE AND LEGAL PROTECTION TO QUEER COMMUNITY

AUTHOR – NIRBHAY ARORA, STUDENT AT SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY), BENGALURU

BEST CITATION – NIRBHAY ARORA, BRIDGING THE GAP BETWEEN UNIFORM CIVIL CODE AND LEGAL PROTECTION TO QUEER COMMUNITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 234-242, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The longing for the creation of Uniform Civil Code has not only drawn deliberations on the integration of society whilst questioning the inclusivity of the queer perspective but also how people belonging to such segregated or marginalized sections would be able to enter spaces of public discourses. Such dialogues pertaining to their rights of marriage and to have a family, such as right to adopt and custody amongst others which are tenets of legal protection accorded to any other people but not them. Through this research paper, the author attempts to critically analyze such multifaceted discourse surrounding the right to marriage and the right to institute a family afforded to queer people and whether or not comprehensive legislation like uniform civil code could cater to such an inclusive practice which has not yet been explored under the ambit of personal laws in India. Through detailed research henceforth conducted, it was found that neither of the personal laws protects any interests or rights of queer persons pertaining to marriage and adoption, and the invisibility of such secluded people from their legal protection stems from social and cultural considerations in the country. In light of the same, Uniform Civil Code may correct anomalies of personal laws to include queer persons and such inclusivity is the need of the hour.

Keywords: LGBTQIA+, Queer Community, Right to Adopt, Right to Marry, Right to Institute Family, Uniform Civil Code

THE EVOLUTION OF AI IN THE COPYRIGHT DOMAIN: THE ARTISTRY OF ALGORITHMS

AUTHOR – ANIRUDDHA BAMAL¹ & DR SALTANAT SHERWANI²,

¹ STUDENT ^{& 2} ASSISTANT PROFESSOR, AMITY LAW SCHOOL, AMITY UNIVERSITY, NOIDA, UP

BEST CITATION – ANIRUDDHA BAMAL & DR SALTANAT SHERWANI, THE EVOLUTION OF AI IN THE COPYRIGHT DOMAIN: THE ARTISTRY OF ALGORITHMS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 221-233, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The field of artistic expression is changing as a result of artificial intelligence (AI) being included in creative sectors. This study investigates how artificial intelligence (AI) affects creativity, with a particular emphasis on the rise of AI-generated art and its consequences for copyright laws, ethical issues, and the creative process. This study explains how human creativity and machine intelligence have evolved by looking at key moments in AI development, from Alan Turing’s ground-breaking research to the introduction of contemporary generative AI models like ChatGPT and DALL-E 2.

This research paper confidently delves into the intricate relationship between AI and copyright protection in the world of arts. Along with this, the influence of artificial intelligence (AI) on innovation and copyright law is examined in this paper. Debates concerning originality, authorship, and fair use have been triggered by the introduction of generative AI systems that may generate innovative writing, pictures, and music. The legal issues surrounding AI-generated works are examined in this research, along with the possibility that AI is an author in and of itself. It looks at cases brought by artists against AI firms for purportedly training AI models without permission using copyrighted content.

The study looks at AI’s potential advantages for creative pursuits as well, arguing that technology should complement human creativity rather than take its place. In conclusion, it talks about current initiatives to create moral guidelines for AI research and possible legislative changes to handle copyright concerns in the era of artificial intelligence-generated art.

Keywords: Artificial Intelligence, Generative AI,Copyright Law, Creativity, Authorship, Fair Use, DALL-E

HISTORY & DEVELOPMENT OF DISPUTE RESOLUTION MECHANISM IN INDIA

AUTHOR – ADITI MAURYA, STUDENT AT IILM UNIVERSITY, GREATER NOIDA

BEST CITATION – ADITI MAURYA, HISTORY & DEVELOPMENT OF DISPUTE RESOLUTION MECHANISM IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 213-220, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Arbitration serves as a time-tested method of resolving disputes, with roots tracing back to ancient practices such as the panchayat system in India. This alternative dispute resolution system allows parties to present their conflicts to a neutral arbitrator, whose decision, known as an “award,” is binding upon both parties. In India, the Arbitration and Conciliation Act of 1996 governs this process, providing a framework for fair and efficient resolution.

India’s development in various sectors, including industry, agriculture, and international trade, has underscored the importance of effective dispute resolution mechanisms. In the realm of international commerce, contracts often include arbitration clauses to mitigate potential conflicts.

The 1996 Act aligns with the UNCITRAL model law, offering globally recognized standards for arbitration proceedings. However, procedural aspects of international commercial arbitration can vary significantly across jurisdictions due to the increasingly transnational and multi-jurisdictional nature of commerce.

The adoption of Alternative Dispute Resolution (ADR) mechanisms, including arbitration, aims to alleviate the burden on courts and ensure swift justice delivery. Among various ADR methods, arbitration stands out as the preferred choice, especially in business settings, fostering both national and international trade relations. International arbitration operates within a complex legal framework encompassing national laws, international conventions, and institutional rules. These mechanisms aim to provide a stable and predictable environment for commercial activities, facilitating international trade and investment by offering an effective legal recourse for dispute resolution. Arbitration plays a pivotal role in fostering economic cooperation and resolving conflicts in both domestic and international contexts, contributing to a more efficient and equitable global business environment.

LANGUAGE, MEANING-MAKING, AND LEGAL INTERPRETATION: LITERARY AND LEGAL PARALLELS

AUTHOR – SHIVAM DUBEY, STUDENT AT MAHARASHTRA NATIONAL LAW UNIVERSITY, NAGPUR

BEST CITATION – SHIVAM DUBEY, LANGUAGE, MEANING-MAKING, AND LEGAL INTERPRETATION: LITERARY AND LEGAL PARALLELS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 203-212, APIS – 3920 – 0001 & ISSN – 2583-2344.

1.1           Abstract

The intersection of literature and law offers a captivating arena where language, interpretation, and meaning converge. This paper explores the symbiotic relationship between language and interpretation in both domains, demonstrating how proficiency in one enriches understanding in the other. In literature, language constructs narratives, evokes emotions, and reflects cultural nuances, fostering critical thinking and analytical skills. Similarly, in law, precise language is crucial for drafting statutes and legal documents, with interpretation being essential for their effective application. the paper examines various aspects within the law and literature movement, including depictions of law and legal professionals in literary works and the interpretation of legal texts using literary analysis techniques. It delves into the nuances of meaning-making in both literature and legal contexts, exploring semantic, contextual, and intended meanings. Parallels between literary and legal interpretation are highlighted, emphasizing shared challenges like ambiguity and subjectivity, alongside distinct methodologies, practical implications for legal practice and literary analysis are discussed, illustrating how insights from one discipline can inform the other. For example, lawyers can use literary analysis techniques to enhance persuasion in legal arguments, while literary scholars can gain new perspectives on justice and morality through an understanding of legal theory. overall, the paper reveals the dynamic interplay between language, meaning-making, and interpretation in literature and law, offering a comprehensive examination of their interconnectedness. By bridging the gap between these disciplines, it provides valuable insights into how language shapes narratives, constructs legal frameworks, and influences societal norms in intricate ways.

Keywords- ambiguity, critical thinking, cultural nuances, interdisciplinary, interpretation, language, legal practice, legal texts, literary analysis, literature, meaning-making, subjectivity, symbiotic relationship.

RELATED PARTY TRANSACTIONS: JOURNEY FROM COMPANIES ACT, 1956 AND LISTING AGREEMENT TO COMPANIES ACT, 2013 AND SEBI (LISTING OBLIGATIONS AND DISCLOSURE REQUIREMENTS) REGULATIONS, 2015

AUTHOR – AMIT CHAURASIA, COMPANY SECRETARY AT JK LAKSHMI CEMENT LIMITED

BEST CITATION – AMIT CHAURASIA, RELATED PARTY TRANSACTIONS: JOURNEY FROM COMPANIES ACT, 1956 AND LISTING AGREEMENT TO COMPANIES ACT, 2013 AND SEBI (LISTING OBLIGATIONS AND DISCLOSURE REQUIREMENTS) REGULATIONS, 2015, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 182-202, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This Article outline the journey of Indian Corporate Sector with respect to Related Party Transactions (“RPTs”) from the era of Companies Act, 1956 (1 of 1956), hereinafter referred as “Act 1956” and Listing Agreement with the Stock Exchanges to the Companies Act, 2013 (18 of 2013), hereinafter referred as “Act 2013” and SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 (“LODR”) to understand the difference between the repealed legislations and current legislations. This Article also outline in brief the relevant provisions related to RPTs prescribed under the Act 1956 and Listing Agreement with the Stock Exchanges and current Act 2013 and LODR to understand the present law and procedure involved therein. This Article will also help to understand how the provisions relating to RPTs were indirectly present under the Act 1956 and directly through Accounting Standard issued by Institute of Chartered Accountants of India (‘ICAI’) and Listing Agreement with the Stock Exchanges and how the indirect provisions relating to RPTs saw the light of the day in the form of Act 2013 and became more robust under the LODR and new Accounting Standard.

RELATED PARTY TRANSACTIONS LAW: WHETHER GOVERNANCE OR BURDEN ON LISTED ENTITIES AND ITS IMPACT ON EASE OF DOING BUSINESS

AUTHOR – AMIT CHAURASIA, COMPANY SECRETARY AT JK LAKSHMI CEMENT LIMITED

BEST CITATION – AMIT CHAURASIA, RELATED PARTY TRANSACTIONS LAW: WHETHER GOVERNANCE OR BURDEN ON LISTED ENTITIES AND ITS IMPACT ON EASE OF DOING BUSINESS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 168-181, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The concept of Related Party Transactions (“RPTs”) is not a subject matter that has attracted the minds of lawmakers for the first time under the Companies Act, 2013 (1 of 2013), hereinafter referred as “Act 2013” or under the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 (“LODR”). From time immemorial, across several jurisdictions world over, this subject has drawn significant attention. The provisions of RPTs indirectly in the form of “Interested Party Transactions” were present under the Companies Act, 1956 (1 of 1956), hereinafter referred as Act 1956 and directly in the Listing Agreement with the Stock Exchanges, both since repealed with Act 2013 and LODR respectively. Similarly, Accounting Standard (AS) 18 and Indian AS (IndAS 18) issued by the Institute of Chartered Accountants of India (‘ICAI’) also prescribes disclosure of Related Party and relationships with them coupled RPTs in the Financial Statements of the Company. This Article outlines the law relating to RPTs applicable to Listed Entities(i.e. whose Shares and/ or Debentures are listed on Indian Stock Exchanges) and whether such law is a step towards better Governance of the Indian companies or has become burden for such companies coupled with increase in compliance cost. Listed companies in addition the Act 2013 and Rules made thereunder are also required to comply the provisions of LODR and the relevant Circulars issued by Securities and Exchange Board of India (‘SEBI’) from to time. The recent amendments carried out in the LODR through SEBI (Listing Obligations and Disclosure Requirements) (Sixth Amendment) Regulations, 2021, with effect from 1^st April 2022, no doubt is  another step of the Market Regulator to improve the standard of Corporate Governance of Listed Entities, but such Entities at the same time are also facing the practical and interpretational issues to comply these amended norms and directly or indirectly becoming a challenge to comply the amended norms, thereby in some manner affecting the Government of India’s mission of improve the Indian’s rank in the world for ‘Ease of Doing Business’. Partially, these amendments have breached the boundaries of India and travelled beyond India to become applicable indirectly to the entities incorporated outside India and thus, raises a question whether these amendments are constitutional or not?

ENFORCEMENT OF ARBITRAL AWARDS: CHALLENGES AND SOLUTIONS IN CROSS-BORDER DISPUTES

AUTHOR – KUSHAL MAJUMDAR, STUDENT AT IILM UNIVERSITY, GREATER NOIDA

BEST CITATION – KUSHAL MAJUMDAR, ENFORCEMENT OF ARBITRAL AWARDS: CHALLENGES AND SOLUTIONS IN CROSS-BORDER DISPUTES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 157-167, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

The enforcement of arbitral awards in cross-border disputes^[1] is a critical aspect of international commercial arbitration, ensuring the effectiveness and legitimacy of the arbitral process^[2]. This research paper examines the challenges encountered in enforcing arbitral awards across different jurisdictions and proposes innovative solutions to address these challenges.

The paper begins with an overview of the legal framework governing the enforcement of arbitral awards, focusing on the New York Convention^[3] and regional conventions, as well as domestic laws^[4]. It highlights the lack of harmonization and uniformity in enforcement procedures as a primary challenge, along with issues such as sovereign immunity, anti-arbitration sentiment, and jurisdictional complexities.

Jurisdictional issues, including determining the competent court for enforcement proceedings and managing parallel proceedings, are explored in detail. The paper also delves into recognition and public policy considerations, analyzing grounds for refusal of enforcement based on public policy and examining notable cases in this context.

Practical challenges faced by parties in enforcing arbitral awards, such as financial constraints, delays, and difficulties in locating assets, are discussed. The paper then proposes innovative solutions and best practices, including the use of third-party funding, insurance, and blockchain technology to streamline enforcement processes.

Case studies are presented to illustrate real-world challenges and successful enforcement strategies, providing valuable insights and lessons learned. The paper concludes with recommendations for improving enforcement mechanisms and promoting greater enforceability of arbitral awards globally, emphasizing the importance of collaboration among stakeholders and continued efforts to enhance the efficiency of cross-border enforcement procedures.

Key Words: New York Convention, Enforcement of Commercial Arbitration, Public Policy, Jurisdiction, Public Interest, International Recognition, International Trade, Third-Party Funding, Blockchain Technology.

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[1] M. Garcia & S. Lee, “ Legal Frameworks for Cross – Border Dispute Resolution in Global Business” 15(3) Journal of International Law pp. 102-115 (2022).

[2] J. Smith, “ The Arbitral Process: A Comprehensive Analysis” 5(2) Journal of Arbitration Studies pp. 45-60 (2023).

[3] New York Arbitration Convention, available at: https://www.newyorkconvention.org/ (Last visited on March 31 2024).

[4] The Arbitration and Conciliation Act, 1996 ( Act 26 of 1996).