Author: PRASANNASRI26092001

  • SCOPE OF SECTION 8 & 17 OF THE ARBITRATION AND CONCILIATION ACT, 1996

    SCOPE OF SECTION 8 & 17 OF THE ARBITRATION AND CONCILIATION ACT, 1996

    SCOPE OF SECTION 8 & 17 OF THE ARBITRATION AND CONCILIATION ACT, 1996

    AUTHOR – SUNIT PRATAP

    STUDENT AT INSTITUTE OF LAW, NIRMA UNIVERSITY

    Best Citation – SUNIT PRATAP, SCOPE OF SECTION 8 & 17 OF THE ARBITRATION AND CONCILIATION ACT, 1996, Indian Journal of Legal Review (IJLR), 3 (2) of 2023, Pg. 182-187, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT

    When will mankind be convinced and agree to settle their difficulties by arbitration?

                                                                                                  Benjamin Franklin

    Over the past few decades, there has been a dramatic increase in both the number of commercial conflicts and the economic development of nations. As a result, arbitration and other forms of alternative dispute resolution are now more important than ever for organisations doing business with and in India. The purpose of this study is to critically assess the arbitration and conciliation act in India while keeping in mind the larger investigation between the effectiveness of legal performance and economic progress. In addition to focusing on section 8 and section 17 of the act, the article also tries to generate a discussion about the history of arbitration in India by noting any potential procedural faults. The 1940 and 1996 Acts that govern arbitration in India are examined and evaluated in this essay, ADR procedures are commonly used in international commercial arbitration contracts, and arbitration in particular is considered as a way out due to its perceived advantages in terms of time and cost as well as its private, independent, and neutral nature. Arbitration is growing more and more popular among the parties as a means of resolving their international and domestic commercial disputes.

    KEYWORDS- ARBITRATION, SECTION 8, SECTION 17, JUDICIAL INTERPRETATION

    RECENT PUBLICATION FROM INSTITUTE OF LEGAL EDUCATION (MAY BE USED FOR REFERENCE/BIBLIOGRAPHY)

    1. Prasanna, S., et al. EMPOWERMENT AND EQUALITY NAVIGATING HUMAN RIGHTS LAW IN A COMPLEX WORLD. Institute of Legal Education, 2023. Access Here – https://scholar.google.com/scholar?cluster=8073531615629308019
    2. PRASANNA, S., and P. LAVANYA. “NAVIGATING THE MAZE: UNDERSTANDING KEY DATA PRIVACY AND SECURITY LAWS WORLDWIDE.” Access Here – https://scholar.google.com/scholar?cluster=14275456488561985070
    3. Gopala, Bhagyamma. “A constitutional imperative for gender equality and dignity: a discourse on menstrual leave in India.” ILE Constitutional Review 2 (2023). Access Here – https://scholar.google.com/scholar?cluster=14542656713228494739
    4. Tulsyan, Aryan. “Cannabis and the constitution:’High time for amending the NDPS act?.” ILE Human Rights Law Review 1.1 (2022). Access Here – https://scholar.google.com/scholar?cluster=1620071720487117886
    5. SINGH, UJJWAL. “CUSTODIAL VIOLENCE IN MODERN INDIA.” Journal of the Indian Law Institute 36.3 (1994). Access Here – https://scholar.google.com/scholar?cluster=4641833531038214506
    6. Azizfan, Sayed Malik Shah. “A BLUEPRINT FOR SUSTAINABLE POVERTY ALLEVIATION AND UNEMPLOYMENT MITIGATION: SYNTHESIZING SOCIOECONOMIC TRANSFORMATION IN AFGHANISTAN.” Access Here – https://scholar.google.com/scholar?cluster=17585185253194219063
    7. PRASANNA, S., and P. LAVANYA. “PROTECTING PERSONAL DATA: A COMPREHENSIVE GUIDE TO DATA PRIVACY REGULATION.” Access Here – https://scholar.google.com/scholar?cluster=2736636049548842283
    8. PRASANNA, S., and P. LAVANYA. “NAVIGATING THE MAZE: UNDERSTANDING KEY DATA PRIVACY AND SECURITY LAWS WORLDWIDE.”. Access here – https://scholar.google.com/scholar?cluster=14275456488561985070
    9. PRASANNA, S., and P. LAVANYA. “DATA PRIVACY IN THE DIGITAL AGE: COMPLIANCE WITH INDIAN LAWS.”. Access Here – https://scholar.google.com/scholar?cluster=2482682029322735326
    10. SRIVASTAVA, AVANTIKA. “A CRITICAL ANALYSIS OF LAWS PERTAINING TO RAPE AND FALSE MARRIAGE PROMISES.” Access Here – https://scholar.google.com/scholar?cluster=15122870610367691037
    11. Abdurahim Zai, Mohammad Edris, and Naseebullah Amani. “The Impact of Green Supply Chain Management on Climate Change: Cursory Glance on the Food Industry.” International Environmental Legal Research Journal 1.1 (2023): 150-161. Access Here – https://scholar.google.com/scholar?cluster=9866710733130422173
    12. JAYAL, HARDIK, and SHREYA SINGH THAKUR. “A COMPREHENSIVE ANALYSIS REGARDING THE PRACTICE OF BONDED LABOUR IN INDIA.” Access Here – https://scholar.google.com/scholar?cluster=16247068770278814586
  • RISE OF WOMEN ENTREPRENEUR

    RISE OF WOMEN ENTREPRENEUR

    RISE OF WOMEN ENTREPRENEUR

    AUTHOR- KASHISH PHERWANI

    STUDENT AT NARSEE MONJEE INSTITUTE OF MANAGEMENT STUDIES, INDORE

    Best Citation – KASHISH PHERWANI, RISE OF WOMEN ENTREPRENEUR, Indian Journal of Legal Review (IJLR), 3 (2) of 2023, Pg. 188-193, APIS – 3920 – 0001 & ISSN – 2583-2344.

    Abstract

    The rise of female entrepreneurs has given rise to a new perspective on the field of entrepreneurship. Women’s entrepreneurship has important societal and economic benefits that are closely related. Even though women make up nearly half of the population in India, they still participate in entrepreneurship to a very small extent. Every Indian woman now lives a different lifestyle as a result of the changing social fabric of Indian society, which includes the increased educational status of women and diverse aspirations for a better life. In every sphere of life, she has faced off against man and prevailed, and business is no exception. These female leaders are confident, persuasive, and risk-takers. They have prevailed in this fiercely competitive environment thanks to their dedication, diligence, and perseverance. The goal of the current study was to comprehend what women’s entrepreneurship meant, how crucial it is to the economic, and overall development of the world and some of the main issues Indian women business owners face.

    RECENT PUBLICATION FROM INSTITUTE OF LEGAL EDUCATION (MAY BE USED FOR REFERENCE/BIBLIOGRAPHY)

    1. Prasanna, S., et al. EMPOWERMENT AND EQUALITY NAVIGATING HUMAN RIGHTS LAW IN A COMPLEX WORLD. Institute of Legal Education, 2023. Access Here – https://scholar.google.com/scholar?cluster=8073531615629308019
    2. PRASANNA, S., and P. LAVANYA. “NAVIGATING THE MAZE: UNDERSTANDING KEY DATA PRIVACY AND SECURITY LAWS WORLDWIDE.” Access Here – https://scholar.google.com/scholar?cluster=14275456488561985070
    3. Gopala, Bhagyamma. “A constitutional imperative for gender equality and dignity: a discourse on menstrual leave in India.” ILE Constitutional Review 2 (2023). Access Here – https://scholar.google.com/scholar?cluster=14542656713228494739
    4. Tulsyan, Aryan. “Cannabis and the constitution:’High time for amending the NDPS act?.” ILE Human Rights Law Review 1.1 (2022). Access Here – https://scholar.google.com/scholar?cluster=1620071720487117886
    5. SINGH, UJJWAL. “CUSTODIAL VIOLENCE IN MODERN INDIA.” Journal of the Indian Law Institute 36.3 (1994). Access Here – https://scholar.google.com/scholar?cluster=4641833531038214506
    6. Azizfan, Sayed Malik Shah. “A BLUEPRINT FOR SUSTAINABLE POVERTY ALLEVIATION AND UNEMPLOYMENT MITIGATION: SYNTHESIZING SOCIOECONOMIC TRANSFORMATION IN AFGHANISTAN.” Access Here – https://scholar.google.com/scholar?cluster=17585185253194219063
    7. PRASANNA, S., and P. LAVANYA. “PROTECTING PERSONAL DATA: A COMPREHENSIVE GUIDE TO DATA PRIVACY REGULATION.” Access Here – https://scholar.google.com/scholar?cluster=2736636049548842283
    8. PRASANNA, S., and P. LAVANYA. “NAVIGATING THE MAZE: UNDERSTANDING KEY DATA PRIVACY AND SECURITY LAWS WORLDWIDE.”. Access here – https://scholar.google.com/scholar?cluster=14275456488561985070
    9. PRASANNA, S., and P. LAVANYA. “DATA PRIVACY IN THE DIGITAL AGE: COMPLIANCE WITH INDIAN LAWS.”. Access Here – https://scholar.google.com/scholar?cluster=2482682029322735326
    10. SRIVASTAVA, AVANTIKA. “A CRITICAL ANALYSIS OF LAWS PERTAINING TO RAPE AND FALSE MARRIAGE PROMISES.” Access Here – https://scholar.google.com/scholar?cluster=15122870610367691037
    11. Abdurahim Zai, Mohammad Edris, and Naseebullah Amani. “The Impact of Green Supply Chain Management on Climate Change: Cursory Glance on the Food Industry.” International Environmental Legal Research Journal 1.1 (2023): 150-161. Access Here – https://scholar.google.com/scholar?cluster=9866710733130422173
    12. JAYAL, HARDIK, and SHREYA SINGH THAKUR. “A COMPREHENSIVE ANALYSIS REGARDING THE PRACTICE OF BONDED LABOUR IN INDIA.” Access Here – https://scholar.google.com/scholar?cluster=16247068770278814586
  • A CRITICAL ANALYSIS ON GENDER INEQUALITY IN WORKPLACE

    A CRITICAL ANALYSIS ON GENDER INEQUALITY IN WORKPLACE

    A CRITICAL ANALYSIS ON GENDER INEQUALITY IN WORKPLACE

    AUTHOR – K.RITHU VARJITHA* & K.S.BALA THIRUPURA SUNDARI**

    * STUDENT AT SAVEETHA SCHOOL OF LAW, SIMATS

    ** ASSISTANT  PROFESSOR, SAVEETHA SCHOOL OF LAW, SIMATS.

    Best Citation – K.RITHU VARJITHA & K.S.BALA THIRUPURA SUNDARI, A CRITICAL ANALYSIS ON GENDER INEQUALITY IN WORKPLACE, Indian Journal of Legal Review (IJLR), 3 (2) of 2023, Pg. 194-200, APIS – 3920 – 0001 & ISSN – 2583-2344

    ABSTRACT

    Gender inequality in the workplace might include hiring or training only one gender for a particular role. India struggles with gender inequality issues beyond just equal economic process and access to educational resource opportunities. The target of the research is to analyse the gender discrimination in workplace, to analyse the steps taken by the government regarding women empowerment, to analyse the worldwide situation regarding gender inequality in workplace. The research method used is empherical research. The sample size is 200.The findings show reproduction of a gendered normative order through two sorts of norms and practices: one, norms and practices that favour men and second, socio-cultural norms that devalue women publicly spaces which help to take care of masculinity within the workplace. Although these practices could be found elsewhere within the world, the way during which they’re enacted reflects national cultural norms. Although we portray gender inequality as a self-reinforcing system that can perpetuate discrimination, important levers for reducing discrimination are identified.

    KEYWORDS: Struggles, Inequality, social cultural norms, workplace, women empowerment

    RECENT PUBLICATION FROM INSTITUTE OF LEGAL EDUCATION (MAY BE USED FOR REFERENCE/BIBLIOGRAPHY)

    1. Prasanna, S., et al. EMPOWERMENT AND EQUALITY NAVIGATING HUMAN RIGHTS LAW IN A COMPLEX WORLD. Institute of Legal Education, 2023. Access Here – https://scholar.google.com/scholar?cluster=8073531615629308019
    2. PRASANNA, S., and P. LAVANYA. “NAVIGATING THE MAZE: UNDERSTANDING KEY DATA PRIVACY AND SECURITY LAWS WORLDWIDE.” Access Here – https://scholar.google.com/scholar?cluster=14275456488561985070
    3. Gopala, Bhagyamma. “A constitutional imperative for gender equality and dignity: a discourse on menstrual leave in India.” ILE Constitutional Review 2 (2023). Access Here – https://scholar.google.com/scholar?cluster=14542656713228494739
    4. Tulsyan, Aryan. “Cannabis and the constitution:’High time for amending the NDPS act?.” ILE Human Rights Law Review 1.1 (2022). Access Here – https://scholar.google.com/scholar?cluster=1620071720487117886
    5. SINGH, UJJWAL. “CUSTODIAL VIOLENCE IN MODERN INDIA.” Journal of the Indian Law Institute 36.3 (1994). Access Here – https://scholar.google.com/scholar?cluster=4641833531038214506
    6. Azizfan, Sayed Malik Shah. “A BLUEPRINT FOR SUSTAINABLE POVERTY ALLEVIATION AND UNEMPLOYMENT MITIGATION: SYNTHESIZING SOCIOECONOMIC TRANSFORMATION IN AFGHANISTAN.” Access Here – https://scholar.google.com/scholar?cluster=17585185253194219063
    7. PRASANNA, S., and P. LAVANYA. “PROTECTING PERSONAL DATA: A COMPREHENSIVE GUIDE TO DATA PRIVACY REGULATION.” Access Here – https://scholar.google.com/scholar?cluster=2736636049548842283
    8. PRASANNA, S., and P. LAVANYA. “NAVIGATING THE MAZE: UNDERSTANDING KEY DATA PRIVACY AND SECURITY LAWS WORLDWIDE.”. Access here – https://scholar.google.com/scholar?cluster=14275456488561985070
    9. PRASANNA, S., and P. LAVANYA. “DATA PRIVACY IN THE DIGITAL AGE: COMPLIANCE WITH INDIAN LAWS.”. Access Here – https://scholar.google.com/scholar?cluster=2482682029322735326
    10. SRIVASTAVA, AVANTIKA. “A CRITICAL ANALYSIS OF LAWS PERTAINING TO RAPE AND FALSE MARRIAGE PROMISES.” Access Here – https://scholar.google.com/scholar?cluster=15122870610367691037
    11. Abdurahim Zai, Mohammad Edris, and Naseebullah Amani. “The Impact of Green Supply Chain Management on Climate Change: Cursory Glance on the Food Industry.” International Environmental Legal Research Journal 1.1 (2023): 150-161. Access Here – https://scholar.google.com/scholar?cluster=9866710733130422173
    12. JAYAL, HARDIK, and SHREYA SINGH THAKUR. “A COMPREHENSIVE ANALYSIS REGARDING THE PRACTICE OF BONDED LABOUR IN INDIA.” Access Here – https://scholar.google.com/scholar?cluster=16247068770278814586
  • THE RISE OF RETAIL INVESTING: A GLOBAL PHENOMENON

    THE RISE OF RETAIL INVESTING: A GLOBAL PHENOMENON

    THE RISE OF RETAIL INVESTING: A GLOBAL PHENOMENON

    AUTHOR – ANSHUMAN SINGH*

    STUDENT AT BENNETT UNIVERSITY

    Best Citation – ANSHUMAN SINGH, THE RISE OF RETAIL INVESTING: A GLOBAL PHENOMENON, Indian Journal of Legal Review (IJLR), 3 (2) of 2023, Pg. 201-209, APIS – 3920 – 0001 & ISSN – 2583-2344.

    Abstract

    With the expansion of retail investment over the past ten years, the landscape of the financial industry has undergone a substantial change. The purpose of this research study is to examine the mechanisms behind this change and any ramifications it may have for the financial market, individual investors, and wealth distribution. The study uses a mixed-methods approach, combining qualitative interviews with individual retail investors with quantitative data analysis of financial market movements. Advances in technology, easier access to information, and the advent of zero-commission trading platforms are some of the main factors contributing to the growth of retail investing. These elements have opened up investing options to everyone, allowing for easy decision-making and market participation by private investors.This paper emphasises the potential advantages of the boom in retail investment, including improved financial knowledge, diversified portfolios, and wealth democratisation. However, it also discusses the possible risks, such as market volatility, information asymmetry, and retail investors’ propensity for manipulation and herd behaviour. The results of this study have important ramifications for financial institutions, governments, and individual investors. It emphasises the need of investor safety and financial literacy while simultaneously acknowledging the contribution of small-scale investors to the development of the financial industry. This study contributes to the continuing discussion concerning the development of the financial system and its effects on society by investigating the emergence of retail investment

    RECENT PUBLICATION FROM INSTITUTE OF LEGAL EDUCATION (MAY BE USED FOR REFERENCE/BIBLIOGRAPHY)

    1. Prasanna, S., et al. EMPOWERMENT AND EQUALITY NAVIGATING HUMAN RIGHTS LAW IN A COMPLEX WORLD. Institute of Legal Education, 2023. Access Here – https://scholar.google.com/scholar?cluster=8073531615629308019
    2. PRASANNA, S., and P. LAVANYA. “NAVIGATING THE MAZE: UNDERSTANDING KEY DATA PRIVACY AND SECURITY LAWS WORLDWIDE.” Access Here – https://scholar.google.com/scholar?cluster=14275456488561985070
    3. Gopala, Bhagyamma. “A constitutional imperative for gender equality and dignity: a discourse on menstrual leave in India.” ILE Constitutional Review 2 (2023). Access Here – https://scholar.google.com/scholar?cluster=14542656713228494739
    4. Tulsyan, Aryan. “Cannabis and the constitution:’High time for amending the NDPS act?.” ILE Human Rights Law Review 1.1 (2022). Access Here – https://scholar.google.com/scholar?cluster=1620071720487117886
    5. SINGH, UJJWAL. “CUSTODIAL VIOLENCE IN MODERN INDIA.” Journal of the Indian Law Institute 36.3 (1994). Access Here – https://scholar.google.com/scholar?cluster=4641833531038214506
    6. Azizfan, Sayed Malik Shah. “A BLUEPRINT FOR SUSTAINABLE POVERTY ALLEVIATION AND UNEMPLOYMENT MITIGATION: SYNTHESIZING SOCIOECONOMIC TRANSFORMATION IN AFGHANISTAN.” Access Here – https://scholar.google.com/scholar?cluster=17585185253194219063
    7. PRASANNA, S., and P. LAVANYA. “PROTECTING PERSONAL DATA: A COMPREHENSIVE GUIDE TO DATA PRIVACY REGULATION.” Access Here – https://scholar.google.com/scholar?cluster=2736636049548842283
    8. PRASANNA, S., and P. LAVANYA. “NAVIGATING THE MAZE: UNDERSTANDING KEY DATA PRIVACY AND SECURITY LAWS WORLDWIDE.”. Access here – https://scholar.google.com/scholar?cluster=14275456488561985070
    9. PRASANNA, S., and P. LAVANYA. “DATA PRIVACY IN THE DIGITAL AGE: COMPLIANCE WITH INDIAN LAWS.”. Access Here – https://scholar.google.com/scholar?cluster=2482682029322735326
    10. SRIVASTAVA, AVANTIKA. “A CRITICAL ANALYSIS OF LAWS PERTAINING TO RAPE AND FALSE MARRIAGE PROMISES.” Access Here – https://scholar.google.com/scholar?cluster=15122870610367691037
    11. Abdurahim Zai, Mohammad Edris, and Naseebullah Amani. “The Impact of Green Supply Chain Management on Climate Change: Cursory Glance on the Food Industry.” International Environmental Legal Research Journal 1.1 (2023): 150-161. Access Here – https://scholar.google.com/scholar?cluster=9866710733130422173
    12. JAYAL, HARDIK, and SHREYA SINGH THAKUR. “A COMPREHENSIVE ANALYSIS REGARDING THE PRACTICE OF BONDED LABOUR IN INDIA.” Access Here – https://scholar.google.com/scholar?cluster=16247068770278814586
  • A JUDICIAL VICTORY FOR MOTHERHOOD: KARNATAKA HIGH COURT SUPPORTS A SINGLE MOM

    A JUDICIAL VICTORY FOR MOTHERHOOD: KARNATAKA HIGH COURT SUPPORTS A SINGLE MOM

    A JUDICIAL VICTORY FOR MOTHERHOOD: KARNATAKA HIGH COURT SUPPORTS A SINGLE MOM

    AUTHOR – SNIGDHA GHOSE*

    STUDENT FROM GUJARAT NATIONAL LAW UNIVERSITY

    Best Citation – SNIGDHA GHOSE, A JUDICIAL VICTORY FOR MOTHERHOOD: KARNATAKA HIGH COURT SUPPORTS A SINGLE MOM, Indian Journal of Legal Review (IJLR), 3 (2) of 2023, Pg. 210-212, APIS – 3920 – 0001 & ISSN – 2583-2344.

    Abstract

    This article is written with the intention of provoking contemplative discussions among policymakers in regard to the recent case of Ms. Nancy Nithya. It highlights the needs of single parents who face many problems even in their daily conduct due to the lack of properly laid rules and guidelines.

    Keywords: Single mother, passport, family, legality, parenthood

    RECENT PUBLICATION FROM INSTITUTE OF LEGAL EDUCATION (MAY BE USED FOR REFERENCE/BIBLIOGRAPHY)

    1. Prasanna, S., et al. EMPOWERMENT AND EQUALITY NAVIGATING HUMAN RIGHTS LAW IN A COMPLEX WORLD. Institute of Legal Education, 2023. Access Here – https://scholar.google.com/scholar?cluster=8073531615629308019
    2. PRASANNA, S., and P. LAVANYA. “NAVIGATING THE MAZE: UNDERSTANDING KEY DATA PRIVACY AND SECURITY LAWS WORLDWIDE.” Access Here – https://scholar.google.com/scholar?cluster=14275456488561985070
    3. Gopala, Bhagyamma. “A constitutional imperative for gender equality and dignity: a discourse on menstrual leave in India.” ILE Constitutional Review 2 (2023). Access Here – https://scholar.google.com/scholar?cluster=14542656713228494739
    4. Tulsyan, Aryan. “Cannabis and the constitution:’High time for amending the NDPS act?.” ILE Human Rights Law Review 1.1 (2022). Access Here – https://scholar.google.com/scholar?cluster=1620071720487117886
    5. SINGH, UJJWAL. “CUSTODIAL VIOLENCE IN MODERN INDIA.” Journal of the Indian Law Institute 36.3 (1994). Access Here – https://scholar.google.com/scholar?cluster=4641833531038214506
    6. Azizfan, Sayed Malik Shah. “A BLUEPRINT FOR SUSTAINABLE POVERTY ALLEVIATION AND UNEMPLOYMENT MITIGATION: SYNTHESIZING SOCIOECONOMIC TRANSFORMATION IN AFGHANISTAN.” Access Here – https://scholar.google.com/scholar?cluster=17585185253194219063
    7. PRASANNA, S., and P. LAVANYA. “PROTECTING PERSONAL DATA: A COMPREHENSIVE GUIDE TO DATA PRIVACY REGULATION.” Access Here – https://scholar.google.com/scholar?cluster=2736636049548842283
    8. PRASANNA, S., and P. LAVANYA. “NAVIGATING THE MAZE: UNDERSTANDING KEY DATA PRIVACY AND SECURITY LAWS WORLDWIDE.”. Access here – https://scholar.google.com/scholar?cluster=14275456488561985070
    9. PRASANNA, S., and P. LAVANYA. “DATA PRIVACY IN THE DIGITAL AGE: COMPLIANCE WITH INDIAN LAWS.”. Access Here – https://scholar.google.com/scholar?cluster=2482682029322735326
    10. SRIVASTAVA, AVANTIKA. “A CRITICAL ANALYSIS OF LAWS PERTAINING TO RAPE AND FALSE MARRIAGE PROMISES.” Access Here – https://scholar.google.com/scholar?cluster=15122870610367691037
    11. Abdurahim Zai, Mohammad Edris, and Naseebullah Amani. “The Impact of Green Supply Chain Management on Climate Change: Cursory Glance on the Food Industry.” International Environmental Legal Research Journal 1.1 (2023): 150-161. Access Here – https://scholar.google.com/scholar?cluster=9866710733130422173
    12. JAYAL, HARDIK, and SHREYA SINGH THAKUR. “A COMPREHENSIVE ANALYSIS REGARDING THE PRACTICE OF BONDED LABOUR IN INDIA.” Access Here – https://scholar.google.com/scholar?cluster=16247068770278814586
  • CAPITAL PUNISHMENT- AN ANALYTICAL STUDY

    CAPITAL PUNISHMENT- AN ANALYTICAL STUDY

    CAPITAL PUNISHMENT- AN ANALYTICAL STUDY

    AUTHOR – AVIKA SINGHAL

    STUDENT AT MANIPAL UNIVERSITY JAIPUR

    Best Citation – AVIKA SINGHAL, CAPITAL PUNISHMENT- AN ANALYTICAL STUDY, Indian Journal of Legal Review (IJLR), 3 (2) of 2023, Pg. 213-218, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT

    Capital punishment refers to the authority given by law to slaughter a person who has committed a serious crime. There are various theories of punishments like retributive theory, reformative theory, preventive theory and deterrent theory. Punishment of death has been in use since ancient times, with some societies believing it to be a necessary form of deterring crime. However, some believe it to be an inhumane and cruel practice, violating human rights law and hence it has been a subject of heated debate since time immemorial. In India, the provision of capital punishment is legal, however its imposition is strictly reserved for those exceptional cases which fall under the doctrine of “rarest of rare” as elucidated by the Indian judiciary through its various judgements. Apart from this, there are other provisions and precedents of supreme court that ensures the rational use of punishment of death, like, pardoning power of president and governor, bachan singh guidelines, etc . In the present paper, I have also included the status of other countries regarding the provision of capital punishment. When analysed globally, it is seen that the globe is divided majorly into two perspective- the Retentionist and the Abolitionist. The Retentionist are the ones who have retained the provision of capital punishment as they believe that deterrence is an effective way by which crimes can be prevented in a society. The Abolitionist are the ones who have abolished this provision as they perceive it to be a violation of basic human rights i.e. Right to life.

    RECENT PUBLICATION FROM INSTITUTE OF LEGAL EDUCATION (MAY BE USED FOR REFERENCE/BIBLIOGRAPHY)

    1. Prasanna, S., et al. EMPOWERMENT AND EQUALITY NAVIGATING HUMAN RIGHTS LAW IN A COMPLEX WORLD. Institute of Legal Education, 2023. Access Here – https://scholar.google.com/scholar?cluster=8073531615629308019
    2. PRASANNA, S., and P. LAVANYA. “NAVIGATING THE MAZE: UNDERSTANDING KEY DATA PRIVACY AND SECURITY LAWS WORLDWIDE.” Access Here – https://scholar.google.com/scholar?cluster=14275456488561985070
    3. Gopala, Bhagyamma. “A constitutional imperative for gender equality and dignity: a discourse on menstrual leave in India.” ILE Constitutional Review 2 (2023). Access Here – https://scholar.google.com/scholar?cluster=14542656713228494739
    4. Tulsyan, Aryan. “Cannabis and the constitution:’High time for amending the NDPS act?.” ILE Human Rights Law Review 1.1 (2022). Access Here – https://scholar.google.com/scholar?cluster=1620071720487117886
    5. SINGH, UJJWAL. “CUSTODIAL VIOLENCE IN MODERN INDIA.” Journal of the Indian Law Institute 36.3 (1994). Access Here – https://scholar.google.com/scholar?cluster=4641833531038214506
    6. Azizfan, Sayed Malik Shah. “A BLUEPRINT FOR SUSTAINABLE POVERTY ALLEVIATION AND UNEMPLOYMENT MITIGATION: SYNTHESIZING SOCIOECONOMIC TRANSFORMATION IN AFGHANISTAN.” Access Here – https://scholar.google.com/scholar?cluster=17585185253194219063
    7. PRASANNA, S., and P. LAVANYA. “PROTECTING PERSONAL DATA: A COMPREHENSIVE GUIDE TO DATA PRIVACY REGULATION.” Access Here – https://scholar.google.com/scholar?cluster=2736636049548842283
    8. PRASANNA, S., and P. LAVANYA. “NAVIGATING THE MAZE: UNDERSTANDING KEY DATA PRIVACY AND SECURITY LAWS WORLDWIDE.”. Access here – https://scholar.google.com/scholar?cluster=14275456488561985070
    9. PRASANNA, S., and P. LAVANYA. “DATA PRIVACY IN THE DIGITAL AGE: COMPLIANCE WITH INDIAN LAWS.”. Access Here – https://scholar.google.com/scholar?cluster=2482682029322735326
    10. SRIVASTAVA, AVANTIKA. “A CRITICAL ANALYSIS OF LAWS PERTAINING TO RAPE AND FALSE MARRIAGE PROMISES.” Access Here – https://scholar.google.com/scholar?cluster=15122870610367691037
    11. Abdurahim Zai, Mohammad Edris, and Naseebullah Amani. “The Impact of Green Supply Chain Management on Climate Change: Cursory Glance on the Food Industry.” International Environmental Legal Research Journal 1.1 (2023): 150-161. Access Here – https://scholar.google.com/scholar?cluster=9866710733130422173
    12. JAYAL, HARDIK, and SHREYA SINGH THAKUR. “A COMPREHENSIVE ANALYSIS REGARDING THE PRACTICE OF BONDED LABOUR IN INDIA.” Access Here – https://scholar.google.com/scholar?cluster=16247068770278814586
  • MARITAL DISSOLUTION UNDER HINDU LAW: A OMPREHENSIVE ANALYSIS OF DIVORCE PROCEEDINGS AND LEGAL IMPLICATIONS

    MARITAL DISSOLUTION UNDER HINDU LAW: A OMPREHENSIVE ANALYSIS OF DIVORCE PROCEEDINGS AND LEGAL IMPLICATIONS

    MARITAL DISSOLUTION UNDER HINDU LAW: A OMPREHENSIVE ANALYSIS OF DIVORCE PROCEEDINGS AND LEGAL IMPLICATIONS

    AUTHORS– PRIYA AGGARWAL & YASH KUMAR GUPTA, STUDENTS AT HIMGIRI ZEE UNIVERSITY, DEHRADUN

    Best Citation – PRIYA AGGARWAL & YASH KUMAR GUPTA, MARITAL DISSOLUTION UNDER HINDU LAW: A OMPREHENSIVE ANALYSIS OF DIVORCE PROCEEDINGS AND LEGAL IMPLICATIONS, Indian Journal of Legal Review (IJLR), 3 (2) of 2023, Pg. 219-228, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT

    In Hinduism, marriage is an obligatory samskara, every Hindu must marry. According to Manu, the relation of husband and wife is of seven births, this sacred tie cannot be broken.  Before 1955, there was no existence of divorce but with the advancement in socio-economic conditions, divorce was introduced under Hindu Marriage Act, 1955. This paper analysis the various grounds of divorce under Hindu law wherein either spouse can obtain decree of divorce and the major amendments that takes place under law. It briefly elucidates the grounds that are only at the hand of the wife on which she can seek divorce. It specifies the conditions wherein both the parties can be agreed for mutual divorce. Apart from this, the paper also highlights, the provisions of Irretrievable Breakdown of Marriageare available to both the parties. The paper also discusses when the divorcee can remarry. The utmost objective of the paper to legally analysis the various ways of obtaining a divorce when one spouse cannot live with other spouse and how did Hindus adopt this theory of divorce when it was in their religion?

    Keywords: Marriage, Hindu law, Divorce, India

  • SCOPE FOR GRANTING RELIEF TO THE POOR UNDERTRIAL PRISONERS THROUGH “PLEA BARGAINING- SECTION 265 OF CODE OF CRIMINAL PROCEDURE, 1973”

    SCOPE FOR GRANTING RELIEF TO THE POOR UNDERTRIAL PRISONERS THROUGH “PLEA BARGAINING- SECTION 265 OF CODE OF CRIMINAL PROCEDURE, 1973”

    SCOPE FOR GRANTING RELIEF TO THE POOR UNDERTRIAL PRISONERS THROUGH “PLEA BARGAINING- SECTION 265 OF CODE OF CRIMINAL PROCEDURE, 1973”

    AUTHOR – ANJANI KUMAR SINGH, STUDENT AT DEPT. OF LAW, DHARM SAMAJ COLLEGE, ALIGARH

    Best Citation – ANJANI KUMAR SINGH, SCOPE FOR GRANTING RELIEF TO THE POOR UNDERTRIAL PRISONERS THROUGH “PLEA BARGAINING- SECTION 265 OF CODE OF CRIMINAL PROCEDURE, 1973”, Indian Journal of Legal Review (IJLR), 3 (2) of 2023, Pg. 229-233, APIS – 3920 – 0001 & ISSN – 2583-2344.

    Abstract

    Government of India has proposed a scheme “Support for Poor Prisoners” to provide financial support to states in order to extend relief to those prisoners who are unable to avail bail or get released from prisons due to non-payment of fine on account of financial constraints. This article analyses the present critical state of Indian Prisons filled with undertrial prisoners, especially those who might have otherwise got bail but for their inability to afford the penalty or the bail amount are still languishing in the jails. The data available in the public domain through National Crime Records Bureau has been discussed for profiling the correlation between acts of crimes and the social, economic and educational background of people indulging in criminal acts. Another very important factor discussed here is the age profile of prisoners which clearly reflects that major chunk of prison inmates belonged to the age group of 18-30 years.  The provisions of Plea Bargaining given at Chapter XXIA, Section 265 of Code of Criminal Procedure 1973, has been dwelt upon for exploring its existing provisions for finding a durable solution by the Central Government for decongesting the Indian prisons by granting bails to those inmates whose are not accused of heinous crime.

  • EXAMINING THE CONTOURS OF SINGLE ECONOMIC ENTITY UNDER INDIAN COMPETITION LAW

    EXAMINING THE CONTOURS OF SINGLE ECONOMIC ENTITY UNDER INDIAN COMPETITION LAW

    EXAMINING THE CONTOURS OF SINGLE ECONOMIC ENTITY UNDER INDIAN COMPETITION LAW

    AUTHOR – TANVI SHARMA & AYUSHI RAJ, LAWYER / YOUNG PROFESSIONAL WORKING WITH THE COMPETITION COMMISSION OF INDIA IN COMBINATION DIVISION.

    Best Citation – TANVI SHARMA & AYUSHI RAJ, EXAMINING THE CONTOURS OF SINGLE ECONOMIC ENTITY UNDER INDIAN COMPETITION LAW, Indian Journal of Legal Review (IJLR), 3 (2) of 2023, Pg. 234-246, APIS – 3920 – 0001 & ISSN – 2583-2344.

    Abstract

    The doctrine of single economic entity signifies that two or more entities may be so closely connected that they form part of a single economic unit albeit their separate legal form. The entities forming a single unit may either defend themselves or incur liability contingent on the circumstances which are dealt forthwith. The concept of single economic entity emanated from Europe and has been recognized in Indian jurisprudence through judicial precedents. This study assays the concept of single economic entity in the European Union, the United States and India. Further, this article delves into the concept of single economic entity in India through case studies to demonstrate how this doctrine has evolved in India. Lastly, this paper critically analyses both combination and antitrust cases to provide a complete overview of this concept as dealt by the Competition Commission of India.

    Keywords: Single economic entity, group, control, material influence, common management, merger, antitrust

  • CONCEPT OF LEGAL PRECEDENT AND ITS IMPORTANCE IN COMMON LAW SYSTEMS: WITH SPECIAL REFERENCE TO HUMAN RIGHTS

    CONCEPT OF LEGAL PRECEDENT AND ITS IMPORTANCE IN COMMON LAW SYSTEMS: WITH SPECIAL REFERENCE TO HUMAN RIGHTS

    CONCEPT OF LEGAL PRECEDENT AND ITS IMPORTANCE IN COMMON LAW SYSTEMS: WITH SPECIAL REFERENCE TO HUMAN RIGHTS

    AUTHOR – LINGALA MOKSHA, STUDENT AT ALLIANCE UNIVERSITY, BANGLORE

    Best Citation – LINGALA MOKSHA, CONCEPT OF LEGAL PRECEDENT AND ITS IMPORTANCE IN COMMON LAW SYSTEMS: WITH SPECIAL REFERENCE TO HUMAN RIGHTS, Indian Journal of Legal Review (IJLR), 3 (2) of 2023, Pg. 247-256, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT

    Legal precedent is a central concept in common law systems, serving as a guiding principle in the interpretation and application of the law. It refers to the principle that decisions made by higher courts serve as binding authority for lower courts in similar cases. This means that courts must follow the legal reasoning and outcomes of previous cases, ensuring consistency and predictability in the law. The concept of legal precedent is vital in common law systems, as it promotes fairness and justice, helps to establish legal certainty, and contributes to the development and evolution of the law. This paper examines the concept of legal precedent in common law systems and its importance, including its role in promoting consistency and predictability in the law, the development of legal doctrine, and the protection of individual rights.

    Keywords: Judicial Precedent, Decision making, common law legal system, Human rights Law