Author: PRASANNASRI26092001

DEMAT ACCOUNT AS A TOOL FOR PREVENTING INSIDER TRADING: A LEGAL ASSESSMENT

Author – KAMANDLA ABHIRAM, Student at Bennett University

Best Citation – KAMANDLA ABHIRAM, DEMAT ACCOUNT AS A TOOL FOR PREVENTING INSIDER TRADING: A LEGAL ASSESSMENT, Indian Journal of Legal Review (IJLR), 3 (2) of 2023, Pg. 44-52, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Insider trading is a major concern for investors, regulators, and the general public. It undermines the integrity of the securities market and erodes public trust in the fairness of the market. In recent years, there has been a growing recognition of the role that Demat Accounts can play in preventing insider trading. This research paper aims to assess the legal framework surrounding the use of Demat Accounts as a tool for preventing insider trading in India.

The paper begins by providing a background on the concept of Demat Accounts and insider trading, and the legal framework governing them. It then examines the effectiveness of Demat Accounts in preventing and detecting insider trading, using case studies from India and other jurisdictions. The paper also analyses the legal implications of using Demat Accounts to prevent insider trading, including the regulatory framework and the rights of investors.Based on the analysis, the paper provides recommendations for strengthening the legal framework governing Demat Accounts to prevent insider trading. These recommendations include measures to enhance transparency, increase penalties for violators, and improve investor education. The paper concludes that Demat Accounts can be a powerful tool for preventing insider trading, but their effectiveness depends on the strength of the legal framework and the vigilance of regulators.

LIMITS OF “COMPLETE JUSTICE”: A CRITICAL APPRAISAL OF ARTICLE 142 OF INDIAN CONSTITUTION

Authors – Avinsh Kumar & Jainendra Kumar Sharma, PG Students at The Indian Law Institute, New Delhi

Best Citation – Avinsh Kumar & Jainendra Kumar Sharma, LIMITS OF “COMPLETE JUSTICE”: A CRITICAL APPRAISAL OF ARTICLE 142 OF INDIAN CONSTITUTION, Indian Journal of Legal Review (IJLR), 3 (2) of 2023, Pg. 30-43, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

“I incarnate myself to protect the righteous and destroy the wicked from age to age whenever there is decline of righteousness and rise of unrighteousness.“

– Shirimadbhagwatgeeta

The thought of conducting research on the true scope and limit of Article 142 was prompted by the highest court of India frequent invocation of its authority under this Article and the manner in which that authority is being exercised in the case ranging from Bhopal gas tragedy case^[1]  to Ram Janmabhoomi case^[2] and recently in A. G Perarivalan case^[3] and irretrievable breakdown of marriage case^[4].This item is now frequently used, despite the fact that its intended use was limited. The supreme court has directed a number of orders that violate the powers of the other two organs. The question of the theory of separation of powers has been brought into focus by this occurrence. This has raised questions regarding the Supreme Court’s actions’ legality. This point of view is used to examine the provisions of Article 142.The words “complete justice” and “justice” make up the phrase “complete justice. “The Dictionary defines “complete” as “having all necessary parts, elements, or steps or thorough or concluded,” whereas various jurist , scholar  and social scientists have interpreted and defined “justice” in a variety of ways. Plato puts it this way: Equity is a legitimate, amicable connection between the fighting pieces of the individual or city’. According to Hobbes and Rousseau, “justice” is the process of granting and safeguarding a person’s liberties and rights. The court has used this authority to issue a number of orders that invade the authority of the other two organs. The doctrine of separation of powers has come under scrutiny as a result of this phenomenon, casting doubt on the highest court actions. In this context the provision of Art. 142 is studied.

Keywords- Justice, Constitution, Court, Power, Rights.

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[1] Union Carbide Corporation v. Union of India 1989 SCC (2) 540

[2]M SiddiqvsMahant Suresh Das &Ors 2019 SCC OnLine 1440,

[3]2022 SCC OnLine SC 755

[4]R.Srinivas Kumar vsR.Shametha

WORKERS OF THE DARK THAT NO ONE CARES ABOUT: THE STUDY OF THE SHAMED WOMEN IN THE CONTEXT OF THE INDIAN SOCIETY

AUTHORS – SOURAV CHAKRABORTY & AMAN KUMAR, STUDENT AT CHRIST (DEEMED TO BE) UNIVERSITY

Best Citation – SOURAV CHAKRABORTY & AMAN KUMAR, WORKERS OF THE DARK THAT NO ONE CARES ABOUT: THE STUDY OF THE SHAMED WOMEN IN THE CONTEXT OF THE INDIAN SOCIETY, Indian Journal of Legal Review (IJLR), 3 (2) of 2023, Pg. 18-29, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

In the beginning, the paper delves into the historical roots of prostitution in India, tracing its origins back to ancient scriptures and texts such as the Rig Veda, Sam Veda, Yajur Veda, Mahabharata, and Ramayana. It explores how prostitution, initially associated with beauty, entertainment, and art, gradually degraded value. The paper highlights the pivotal moment in history when the prominence and respectability of sex workers, known as devadasis, were abruptly shattered during British colonial rule. British officials began to exploit these women for sexual pleasure, leading to the degradation of their status and reputation within society. Examining the aspect of morality, the paper presents contrasting viewpoints. While some argue that prostitution commodifies human bodies and objectifies women, others contend that it is a legitimate form of work. The societal perception of prostitution as morally wrong stems from the belief that sexual intercourse can only occur within the confines of marriage. The paper explores the concept of public and private morality and the stigmatization and discrimination faced by them. Further ahead, the paper elaborates on the favouring arguments that justify the legalization of prostitution as a profession and Occupation. After that, the paper explains the critical legislation and statutory provisions which regulate prostitution in India. Lastly, it lists relevant landmark judgments of the Apex Court that further mutate the validity and regulation of Prostitution as a legalized profession.  Lastly, the paper explains the need to hear the plight of sex workers and work for their cause.

ROUND TRIPPING – INDIAN DILEMMA AND INTERNATIONAL PERSPECTIVE

Author – SURYA SRIRAM, STUDENT AT BENNETT UNIVERSITY

Best Citation – SURYA SRIRAM, ROUND TRIPPING – INDIAN DILEMMA AND INTERNATIONAL PERSPECTIVE, Indian Journal of Legal Review (IJLR), 3 (2) of 2023, Pg. 10-17, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Round-tripping is a phenomenon where funds are routed back to their country of origin through various mechanisms, often to take advantage of tax benefits and other regulatory arbitrage. In India, round-tripping has been a persistent issue, with significant implications for the economy, financial stability, and credibility of the financial sector. This law research paper provides a comprehensive analysis of round-tripping from an Indian perspective and explores international perspectives on the issue. The paper examines the legal and regulatory framework governing round-tripping in India and highlights the challenges faced by policymakers and regulators in addressing the issue. The research paper illustrates several measures taken to curb round-tripping, including relaxation of the existing restrictions on overseas direct investment (ODI) and foreign direct investment (FDI) by Indian parties and the adoption of a coordinated global approach to combat round-tripping.

IMPLICATIONS OF THE FINANCIAL SECTOR ON THE CONSUMER PROTECTION ACT, 2019

Author – JAYALAKSHMI IYER VENKATRAMAN, Student at SASTRA DEEMED UNIVERSITY.

Best Citation – JAYALAKSHMI IYER VENKATRAMAN, IMPLICATIONS OF THE FINANCIAL SECTOR ON THE CONSUMER PROTECTION ACT, 2019, Indian Journal of Legal Review (IJLR), 3 (2) of 2023, Pg. 1-9, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The financial sector plays a key role in economic life because it offers consumers a wide range of products and services. However, due to the complexity of financial transactions and potential harm to consumers, it is necessary to study the effects of the financial sector on consumer protection. The purpose of this study is to find out the effects of the financial sector on the Consumer Protection Act of 2019 and its effects on the welfare of consumers. The article begins with an overview of the Consumer Protection Act 2019, outlining its objectives, key provisions and scope of the financial sector. It also discusses special rights afforded to consumers in the financial sector, such as protection against misleading advertising, unfair business practices and product liability. The research also looks at redress mechanisms available to consumers, including the establishment of consumer commissions and dispute resolution forums. Case law and examples are analyzed to illustrate the application of the law in resolving consumer complaints and ensuring fair treatment by financial institutions.  In addition, the document discusses the role of regulators in overseeing the financial sector and enforcing consumer protection regulations. It discusses the importance of financial literacy and consumer education to enable people to make informed financial decisions and navigate the complexities of the financial industry. By examining the impact of the financial sector on the Consumer Protection Act 2019, this study contributes to a better understanding of the legislative framework and regulation surrounding consumer protection in the financial sector.

KEYWORDS: Financial Sector, Regulations, Consumer Protection, Redressal