Author: PRASANNASRI26092001

TAKING SOVEREIGNTY OUT OF THIS WORLD: WEAPONISATION OF SPACE

Author – Abhinav Viswanath, Student at School of Law, CHRIST (Deemed to be) University

BEST CITATION – Abhinav Viswanath, TAKING SOVEREIGNTY OUT OF THIS WORLD: WEAPONISATION OF SPACE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 3 (1) OF 2023, PG. 816-821, ISSN – 2583-2344.

ABSTRACT

Preventing space from turning into an arena of conflict is essential for world peace and strategic stability. Consistent with this notion, for the decade’s nations have been working towards developing a network of multilateral treaties, conventions, resolutions and declarations to face the challenges presented by the exploration and use of outer space and to adopt approaches for promotion of space activity. These multilateral treaties and conventions highlight the importance of international cooperation in developing the rule of law and creating the foundation for the outer space legal framework we have today. Through this paper, the authors try to bring out the significance of ‘sovereignty of states’ to the discussion of activities in outer space. Furthermore, this paper brings out the distinction between space militarization and space weaponization. Additionally, this paper discusses some of the developments in light of strategies to weaponization of outer space adopted by various states. To conclude, the article proposes the establishment of a World Outer Space Authority to regulate behaviour in this domain of International Relation. This Authority galvanizes the efforts made in the several conferences and committees held so far in developing the rule of law. It will provide an alternative platform where binding decisions can be made by majority vote versus consensus to ensure enforcement of the rule of law.

“Liabilities Under Article 42 of the UN Convention on the International Sale of Goods”

Authors- Prakhar Gupta & Maansi Bhavnani, Students at NMIMS Kirit P. Mehta School of Law

BEST CITATION – Prakhar Gupta & Maansi Bhavnani, “Liabilities Under Article 42 of the UN Convention on the International Sale of Goods”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 3 (1) OF 2023, PG. 807-815, ISSN – 2583-2344.

ABSTRACT

As a result of technological progress, there has been a greater awareness of the relationship between intellectual property rights (IPRs), which are intangible property rights, and tangible objects. As a result of this interplay, an increasing number of items that are either subject to IPRs in their whole or include an IP-protected component have been subject to sales agreements. Third-party IPRs over the items are more likely to be infringed when the commodities circulate throughout the world. This risk of violation also raises the likelihood that the buyer will be prevented from reselling or utilising the products in issue if IP law remedies are invoked. This research is concerned with how third-party IPRs impact the sale of products, and it seeks to conduct an examination of the rules that establish the seller’s obligation when third-party IPRs emerge regarding goods sold under the CISG while analysing the various treaties and conventions affecting the sale of goods in relation to IPR infringement over cross-border boundaries.

Key words: Intellectual Property Rights, Infringement, Third Party, Contract of Sale, International Trade, Warranties.

Insanity as a defence in IPC: A critical analysis

Authors – Vishnu Wardhan Singh & Khushi Doshi, Students of Kirit P. Mehta School of Law, Mumbai

BEST CITATION – Vishnu Wardhan Singh & Khushi Doshi, Insanity as a defence in IPC: A critical analysis, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 3 (1) OF 2023, PG. 801-806, ISSN – 2583-2344.

ABSTRACT

Insanity when viewed from a legal perspective exempts the accused from any responsibility thus discharging him from any punishment which is to be disposed upon. Over a period of time various tests have been developed to determine whether a person suffers from legal insanity or not. Tests such wild beast test which was the first for the cause, decided this critical question, of whether the person in question has the mental capacity to differentiate between right or wrong. Over the period of time, more improved and efficient methods for testing the insanity of a person at the time of the crime were developed, through various legal provisions and precedents.

The author through this research article tries to conclusively summarise the evolution of insanity as a legal defense as well view it from an Indian law perspective. The Indian law does not necessarily use the word insanity but uses the word ‘unsound mind’ which at times can be used as its synonym. For the defense of insanity to be applicable the unsoundness of the mind should be there at the time of the person committing the crime. This is another place where uncertainty arises and the author tries to address the issue at hand.

Section 84 is often misused by the accused to escape criminal liability, thus creating further menace in society. The researcher tries to figure out whether the current law in question is serving any public good or if it has become a mere loophole in the current Indian justice system. Thus this research article deals with the evolution of insanity as a legal defense, the current judicial perspective, and various aspects of Section 84 of Indian Penal Law, 1860.

KEYWORDS: insanity, evolution, Indian law perspective, unsound, Section 84, loophole.

CASE COMMENTARY – NATIONAL LEGAL SERVICE AUTHORITY VERSUS UNION OF INDIA (AIR (2014) 5 SCC 438).

        (DECLARATION OF TRANSGENDER PEOPLE AS THE ‘THIRD GENDER’ BY SUPREME COURT OF INDIA AND PROVIDING THE TRANSGENDER PEOPLE WITH GENDER RECOGNITION)

Author – Sadaf, Student of Kristu Jayanti College of Law.

BEST CITATION – Sadaf, CASE COMMENTARY – NATIONAL LEGAL SERVICE AUTHORITY VERSUS UNION OF INDIA (AIR (2014) 5 SCC 438), INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 3 (1) OF 2023, PG. 796-800, ISSN – 2583-2344.

ABSTRACT

                 The constitution has enforced certain rights to each individual for their recognition in the society so that they can live life with dignity. There are people who are specified as ‘third gender’ in the Indian constitution who were discriminated, humiliated and disgraced because of their identity. National legal service authority V. UOI is a landmark supreme court judgement which was laid down to recognise the transgender community as the ‘third gender’ to provide them with fundamental rights and identification on the same aspects of men and women. Due to the lack of legislation protecting the rights and recognition of the transgender people, this community faced a lot of discrimination because gender recognition is important in various fields like rights in relation to marriage, adoption, succession, taxation and other important aspects. This article shall emphasize on how the judgement had given the right to be identified and categorized as ‘third gender’ to the transgender community.         

KEYWORDS: Transgender, Gender regognition, Supreme court, Right to life and personal liberty, Gender Identity etc.

Right to Counsel: Limited or Unfettered?

Authors – Akshat Khanna & Isha, Students at Jindal Global Law School

BEST CITATION – Akshat Khanna & Isha, Right to Counsel: Limited or Unfettered?, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 3 (1) OF 2023, PG. 790-795, ISSN – 2583-2344.

Abstract

In India, the right to counsel has always been neglected, with only limited applicability in the pre-trial stage. Such limited access to an integral right is detrimental to the accused, who is unaware of his legal rights. The lack in legal knowledge possessed by the common man opens the possibility to a plethora of mistreatment, abuse and exploitation by the police who take undue advantage of the prevalent illiteracy in the society. Corrupt practices shame the fair justice and trial system promised to the citizens of the democracy, as their fundamental rights are violated by state authorities themselves. In light of these violations the court imposes guidelines on the police regarding the presence of the lawyer in a pre-trial stage. However, these guidelines fall a step too short, as the presence is merely limited, and need not be for the entirety of the interrogation and other pre-trial procedures. This limited nature doesn’t prevent exploitation, but merely postpones it to times wherein the lawyer is not present. Thereby these provisions do not reduce the absolute nature of the power possessed by the police during investigation. This paper explores the need for concrete legislative action and establishment of punitive measures regarding enforcement of the right to counsel in the pre-trial stage.

Key Words: Right to counsel; Police exploitation; Rights of accused; Pre-trial procedures; Interrogation and investigation.

Constitutional Analysis on Railway Protection Force Amendment Act, 1985 and Railway Protection Force Rules, 1987

Author – I.Paulraj, LL.M, Government Law College, Tiruchirappalli, Tamilnadu.

BEST CITATION – I.Paulraj, Constitutional Analysis on Railway Protection Force Amendment Act, 1985 and Railway Protection Force Rules, 1987, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 3 (1) OF 2023, PG. 778-789, ISSN – 2583-2344.

ABSTRACT:

                This study attempt to review the Constitutional validity of Railway Protection Force Amendment Act 1985 and Railway Protection Force Rules 1987. The Railway Protection Force established for the purpose protection Railway Property and recruited by Railway Board. The Railway Protection Force employees come under civil servants and they have Right to form Association or Union. The General Manager of Southern Railway has banned the Southern Railway Protection Force Member Association for the reason states that employees are comes under Armed Force. The research question is whether Railway Protection Force is an Armed Force or Civil Service. The article reveals that the Railway Protection Force employees are civil servants and not an Armed Force with the review of various related judgements delivered by Hon’ble Supreme Court and High Courts and Parliament debates about the Railway Protection Force.Keywords; Constitution of India- Railway Protection Force Act 1957- Railway Protection Force Rules 1987- Railway Establishment Rules- Police Force Restriction Act- Central Administrative Tribunal Act 1985- Armed Force Tribunal Act 2007- Principles of Natural Justice- Civil servant rules.

“DEVELOPMENT OF THE DOCTRINE OF SOVEREIGN IMMUNITY IN ENGLAND AND INDIA- COMPARATIVE ANALYSIS”

Author – Neelagowri, Student at Christ (deemed to be university) Bengaluru

BEST CITATION – Neelagowri, “DEVELOPMENT OF THE DOCTRINE OF SOVEREIGN IMMUNITY IN ENGLAND AND INDIA- COMPARATIVE ANALYSIS”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 3 (1) OF 2023, PG. 772-777, ISSN – 2583-2344.

ABSTRACT

                According to the Doctrine of Sovereign Immunity, a king is immune from punishment. Around the world, this idea has been widely adopted. King is above the Law. Throughout the period of and during the reign of the monarchy, this principle was created. Today, it is considered that this theory must have lost its lustre in this era of democracy where voters make or break governments. But the sad reality is that governments all across the world have opted to rely on this antiquated principle even after proclaiming democracy. According to the Rule of Law No one is above the law, in essence, sovereign immunity protects a government from being sued in its own courts without its permission. The British Common Law has established sovereign immunity. “Rex non potest peccare” or “the king can do no wrong,” is a legal principle. However, most international constitutions prohibit holding politicians accountable in the same way as regular people. The idea has its origins in the notion that the King of England, who exercised divine power, was impervious to wrongdoing. The courts would not permit a lawsuit against the king as a result, with a few carefully stated exceptions. The English colonisers later took this idea of sovereign immunity to the Indian colonies, and it eventually made its way into our legal system as well. Sovereign immunity, in its most basic definition, is the legal immunity enjoyed by governmental bodies. The writings of Bodin, Austin, and Hege provided the philosophical foundation for the early concepts of sovereign immunity. The article charts the development of the doctrine of sovereign immunity in India and the UK, focusing in particular on the state’s tort responsibility. The emphasis is on using case law to draw analogies and define and explain the application and repeal of this concept.

KEYWORDS: Sovereign Immunity, State, King, India, US, Doctrine

Case Commentary – Reliance Life Insurance Co Ltd & Anr vs Rekhaben Nareshbhai Rathod, Civil Appeal No. 4261 of 2019 (SC)

Author – DEEPTHI RODDA, RESEARCH ASSISTANT at DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

BEST CITATION – DEEPTHI RODDA, Case Commentary – Reliance Life Insurance Co Ltd & Anr vs Rekhaben Nareshbhai Rathod, Civil Appeal No. 4261 of 2019 (SC), INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 3 (1) OF 2023, PG. 767-771, ISSN – 2583-2344.

ABSTRACT

This case highlights the principle of utmost good faith which is one of the foundational principles, which governs of any type of insurance. A contract of insurance is one of trust, and principle of utmost good faith by emphasizing on the disclosures helps to develop a trust between the insurers and insured which will ultimately help both the parties in settling the claim when it is made. It highlights how the principle of utmost good faith has evolved over time by highlighting the related cases. The relevant statutory provisions regarding the principle of good faith has also been discussed in this paper  by referring to the domestic insurance statutes in India. Different dimensions of principle of utmost good faith have also been discussed in this paper. The duties of insurer and the insured in consonance with principle of utmost good faith have been discussed in this paper. The case is about the non-disclosure of the information regarding previous insurance policy in the proposal form

CASE COMMENT- Imax Corporation v E-City Entertainment(I) Pvt. Ltd. & Ors., (Bombay High Court)

Author – RACHIT SHARMA, Faculty Associate at IILM University, Greater Noida

BEST CITATION – RACHIT SHARMA, CASE COMMENT- Imax Corporation v E-City Entertainment(I) Pvt. Ltd. & Ors., (Bombay High Court), INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 3 (1) OF 2023, PG. 764-766, ISSN – 2583-2344.

BOMBAY HIGH COURT: The Limitation Period for seeking execution of a foreign arbitral award is the same of execution of a Decree

CASE: Imax Corporation v E-City Entertainment(I) Pvt. Ltd. & Ors^[1]., (Bombay High Court, 13 November 2019)

BENCH: Single Judge Bench [G. S. Kulkarni J.]

ABSTRACT: In 2019, A Single Judge Bench of Bombay High Court clarified that the limitation period for enforcing a foreign award is twelve years from the date of the award, holding that the limitation period for foreign awards is same as that for the execution of a foreign decree as enforcement and execution proceedings are synonymous for foreign awards.

KEYWORDS: Challenge Petition, notice of motion seeking condonation of delay, Enforcement Petition, Execution Petition, period of limitation, Composite Proceedings

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[1] Commercial arbitration petition no.414 of 2018

ACCUSED RIGHTS: A COMPARATIVE STUDY OF ACCUSED AND VICTIM RIGHTS IN INDIA

Author – Priya Yadav, Student at Deen Dayal Upadhyay Gorakhpur University

BEST CITATION – Priya Yadav, ACCUSED RIGHTS: A COMPARATIVE STUDY OF ACCUSED AND VICTIM RIGHTS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 3 (1) OF 2023, PG. 756-763, ISSN – 2583-2344.

ABSTRACT

As Democracy and Rule of Law are fundamentals of the Indian constitution, the concept of fair trial is a constitutional mandate and the basic principle of criminal law revolves around the Natural Justice which gives the accused equal opportunity to present their side of the story along with the victim. The accused is also granted certain rights, provisions. In this paper, the author has gone through various journals, internet sources and research documents to present the various rights given to the accused and victim under the Indian legal system. Discussing all the rights given to accused and victims in India, the author has further comparatively analysed the rights enjoyed by the accused and the victim. Concluding with a conclusion, few suggestions are given to fill the gap between the provision and the practical application of the rights.