Author: PRASANNASRI26092001

PARTNERSHIP ON THE PRECIPICE: DEFAULT IN DIMINISHING MUSHARAKAH

AUTHOR – MOHD SALAH KHAN, SHEHVAR SALEEM & MD SAQIB ANSARI

STUDENTS AT NATIONAL LAW INSTITUTE UNIVERSITY

BEST CITATION – MOHD SALAH KHAN, SHEHVAR SALEEM & MD SAQIB ANSARI, PARTNERSHIP ON THE PRECIPICE: DEFAULT IN DIMINISHING MUSHARAKAH, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 493-510, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This article critically examines the legal architecture of the Diminishing Musharakah (DM), widely regarded as the most prominent Shariah-compliant alternative to the conventional interest-based mortgage, with particular attention to the legal consequences of customer default. The DM is structured as a compound arrangement consisting of three distinct but interrelated contracts: a shirkat al-milk establishing joint ownership between the bank and the customer, an ijarah under which the customer leases the bank’s ownership share, and a series of sale transactions executed through a unilateral purchase undertaking that progressively transfers full ownership to the customer. While this structure is widely praised for embodying the Islamic principles of asset-backing, risk-sharing, and equitable participation in profit and loss, the article argues that significant jurisprudential tensions arise at the moment of default.

Standard-form DM agreements typically authorize the bank to initiate a forced sale of the jointly owned property in order to recover its investment, a mechanism that appears to conflict with the classical rules of fiqh governing co-ownership, which generally prohibit one partner from compelling the sale of jointly held property without the other partner’s consent or judicial authorization. The article therefore evaluates the principal doctrinal justification advanced by contemporary Shariah supervisory boards: that the customer’s agreement to the default clause at the inception of the contract constitutes valid prior consent to the sale. Through a doctrinal analysis of classical Islamic partnership law and modern Islamic finance practice, the article concludes that while the prior consent argument offers partial justification for the default mechanism, it remains jurisprudentially incomplete, particularly in relation to informed consent, the absence of judicial oversight, and the asymmetrical allocation of remedial authority within the contractual framework.

LACK OF UNIFORM LEGAL PROTECTION FOR CHILDREN BORN OUT OF LIVE-IN RELATIONSHIPS IN INDIA

AUTHOR – DAYA RAJESH, STUDENT AT CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – DAYA RAJESH, LACK OF UNIFORM LEGAL PROTECTION FOR CHILDREN BORN OUT OF LIVE-IN RELATIONSHIPS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 188-197, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Live-in relationships are becoming more common in India as society moves toward new definitions of family and changes other social customs and beliefs. Despite a large body of supportive case law by the courts, there remain gaps in terms of providing children from live-in relationships with legal protection in family law areas such as child support (maintenance), inheritance, custody issues, and other matters. In criminal proceedings (for example, child support), Section 125 of the CrPC provides for “neutral” (all religions receive the same protection) financial support regardless of the parents’ religious affiliation, but the rights to other types of support (for example, the right to inherit or have coparcenary rights) are still substantially dependent on how courts interpret Indian personal law. Courts in India continue to issue decisions emphasizing that there should be no prejudice to a child because of their parent’s marital status, which has also led to the Supreme Court of India so much more clearly articulated that children from live-in relationships are entitled to an inheritance from both parents; however, these rulings are mostly judge-made law with little to no legislative support, resulting in disparities in outcomes for children, evidence issues about who their father is and enforcing support. There are issues with the lack of a national registry for recording live-in relationships, results of variations between different personal laws, and other issues further complicating providing children with consistent protection across India. The authors of this paper believe that legislative reform is necessary and call for a national live-in law, reform of laws relating to succession to make equal rights to property available regardless of personal law, and for a greater degree of uniformity in how to implement constitutional guarantees of fairness, dignity, and welfare for all children.

Key Words – Live-in relationships, Child rights, Legitimacy, Maintenance, Inheritance, Coparcenary rights, Custody and welfare, Personal law disparities, Constitutional equality, Legislative reform.

REASSESSING CLEAN SLATE DOCTRINE POST–KALYANI TRANSCO VS M/S BHUSHAN POWER AND STEEL

AUTHOR – SARGA P S, STUDENT AT NATIONAL LAW INSTITUTE UNIVERSITY, BHOPAL

BEST CITATION – SARGA P S, REASSESSING CLEAN SLATE DOCTRINE POST-KALYANI TRANSCO VS M/S BHUSHAN POWER AND STEEL, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 481-485, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper examines the evolving scope of the Clean Slate Doctrine under the Insolvency and Bankruptcy Code, 2016 (IBC). The doctrine, reflected in Sections 31 and 32A of the IBC, was designed to ensure that a successful resolution applicant acquires the corporate debtor free from past liabilities, thereby encouraging investment in distressed assets and facilitating corporate revival. However, the recent Supreme Court decision in Kalyani Transco v Bhushan Power and Steel Ltd has raised concerns regarding the certainty and breadth of this protection. While the Court did not directly reinterpret Section 32A, its refusal to restrain enforcement actions under public law statutes such as the Prevention of Money Laundering Act (PMLA) suggests a narrowing of the practical protection offered by the Clean Slate Doctrine. It studies the role of disqualification provisions under Section 29A of the IBC and their interaction with the Clean Slate Doctrine. The paper concludes that while the IBC aims to promote certainty and asset revival, recent judicial developments risk undermining investor confidence unless clearer boundaries are established between insolvency protections and parallel public law enforcement actions.

Keywords- Clean Slate Doctrine, Insolvency and Bankruptcy Code, Distressed M&A, Section 32A IBC, Resolution Applicant, Corporate Insolvency Resolution Process, Section 29A, PMLA, Judicial Review, Investor Confidence.

MEDICAL NEGLIGENCE AND CORPORATE HEALTHCARE LIABILITY: A CRITICAL LEGAL ANALYSIS OF THE YASHODA HOSPITAL NEGLIGENCE CASES IN INDIA

AUTHOR – THOMAS ALEX, STUDENT AT SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – THOMAS ALEX, MEDICAL NEGLIGENCE AND CORPORATE HEALTHCARE LIABILITY: A CRITICAL LEGAL ANALYSIS OF THE YASHODA HOSPITAL NEGLIGENCE CASES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 476-480, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The issue of medical negligence has become of great focus in the current healthcare systems, especially in such countries as India where the rise of the private corporate hospitals has changed the sphere of delivering medical care. Even though corporate hospitals offer state-of-the-art technology and special care, they also cast doubt on issues of accountability and patient rights as well as ethical medical practice. One of the institutions that have come into focus regarding this is the Yashoda Hospital which is a major Indian based institution in the sphere of healthcare provision, and has branches in various cities of India. Different lawsuits and consumer complaints have brought claims of carelessness, misbehaviour, and lack of commitment to the laid out medical practices. This essay reflects upon the legal aspect of medical negligence concerning the Yashoda Hospital cases that the consumer forums and courts in India have ruled. It discusses the legal principles in medical negligence, the standard of care that should be maintained by the medics and the liability of corporate hospitals as per the consumer protection law and the tort law. Special consideration is given to the cases when the appeals to the courts and consumer commissions resulted in compensation, and claims concerning the alleged negligence in surgical practice, in diagnosis and in post-operative treatment. The paper also talks about cases when allegations were quashed because there was no evidence or gross negligence was not in existence thus showing the legal standard in order to prove liability. In this study, the legal question that will be determined through the analysis of doctrine and the case law is how Indian courts are striking the balance between the rights of patients versus the professional autonomy of the doctor. It also reviews the purpose of consumer protection mechanisms in availing remedies to victims of medical negligence. Finally, the paper concludes that even though the judicial intervention has reinforced the rights of patients, the major structural issues still exist in the regulation of corporate healthcare institutions and ethical medical practice.

KEYWORDS: – Medical Negligence; Corporate Hospital Liability; Consumer Protection; Patient Rights; Standard of Care.

FORENSIC DNA FINGERPRINTING : RELIABILITY AND LEGAL ADMISSIBILITY IN INDIA

AUTHOR – JACOB JOE JEROME. E* & SUGITH KUMAR**

*STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TNDALU, CHENNAI

** PROFESSOR AT SCHOOL OF EXCELLENCE IN LAW, TNDALU, CHENNAI

BEST CITATION – JACOB JOE JEROME. E & SUGITH KUMAR, FORENSIC DNA FINGERPRINTING : RELIABILITY AND LEGAL ADMISSIBILITY IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 464-475, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

DNA fingerprinting, also known as DNA profiling, is one of the most important scientific developments in modern forensic science. It refers to the process of identifying individuals based on unique patterns in their deoxyribonucleic acid (DNA). Since every individual, except identical twins, possesses a distinct genetic profile, DNA analysis has become a powerful tool in criminal investigations, paternity disputes, disaster victim identification, and other legal proceedings. The technique was first developed by Alec Jeffreys in 1984, which revolutionized forensic identification across the world. In India, the advancement of DNA fingerprinting was significantly influenced by the pioneering work of Lalji Singh, who developed indigenous DNA profiling techniques suited to Indian conditions.

Within the Indian legal system, the admissibility of DNA evidence is primarily recognized under the provisions of the Indian Evidence Act, 1872, particularly Sections 45 and 51 relating to expert opinion. Over the years, Indian courts have increasingly relied on DNA evidence in criminal and civil matters, including rape cases, murder investigations, and paternity disputes. Judicial decisions such as Selvi v. State of Karnataka and Nandlal Wasudeo Badwaik v. Lata Nandlal Badwaik demonstrate the growing recognition of DNA profiling as reliable scientific evidence.

Despite its high accuracy and evidentiary value, the use of DNA fingerprinting in India faces several challenges. These include inadequate forensic infrastructure, delays in laboratory analysis, lack of trained personnel, and concerns regarding privacy and misuse of genetic data. Furthermore, the absence of a comprehensive legal framework governing DNA technology creates regulatory gaps. Therefore, strengthening forensic facilities, ensuring proper procedural safeguards, and implementing clear legislative guidelines are essential for enhancing the reliability, admissibility, and ethical use of DNA evidence in the Indian criminal justice system.

“PIL-A FACET OF CONSTITUTIONAL LAW MAKING”

AUTHOR – BHAGYADA P. UBALE, LLM STUDENT OF DES’S SHREE NAVALMAL FIRODIA LAW COLLEGE PUNE,

BEST CITATION – BHAGYADA P. UBALE, “PIL-A FACET OF CONSTITUTIONAL LAW MAKING”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 458-463, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

     PIL is a vital tool to enforce the human rights of those  people who do not have access to them due to poverty or such other reasons. The concept of Public Interest Litigation (PIL) originated and developed in the USA in the 1960s.The concept of Public Interest Litigation (PIL) was introduced in India in the early 1980s.Justice V.R. Krishna Iyer and Justice P.N. Bhagwati  were the pioneers of the concept of PIL in India. The present status of PIL highlights its dual nature as a catalyst for constitutional law development and a potential source of systemic strain on the judiciary.Public Interest Litigation (PIL) is a significant facet of constitutional law-making in India. It empowers courts, under Articles 32 and 226, to address issues affecting public welfare by interpreting and expanding the scope of Fundamental Rights. Through PILs, the judiciary has shaped policies and legal norms, such as guidelines.The use of Public Interest Litigation (PIL) as a tool for constitutional law-making raises issues regarding judicial overreach and its effect on the separation of powers in India’s governance structure.Public Interest Litigation (PIL) serves as a significant tool for constitutional law-making in India, influencing legal interpretations, policy frameworks, and the balance of power between the judiciary and legislature. Establish stricter guidelines to differentiate genuine PILs from frivolous or personal interest petitions to prevent misuse.This research will contribute to understanding how PIL affects the development of constitutional principles, the rule of law, and democratic balance.

  Key Words – PIL, Facet, Constitution, Law, Human rights,Article 32,Fundamrntal rights.

LEGAL CHALLENGES OF DNA EVIDENCE ADOPTION IN INDIAN COURTS – A CRITICAL EXAMINATION OF EVIDENTIARY, CONSTITUTIONAL, AND INSTITUTIONAL DIMENSIONS

AUTHOR – DEEKSHA DEEP.S* & MS. HEMAVATHY**

*STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TNDALU, CHENNAI

** PROFESSOR AT SCHOOL OF EXCELLENCE IN LAW, TNDALU, CHENNAI

BEST CITATION – DEEKSHA DEEP.S & MS. HEMAVATHY, LEGAL CHALLENGES OF DNA EVIDENCE ADOPTION IN INDIAN COURTS – A CRITICAL EXAMINATION OF EVIDENTIARY, CONSTITUTIONAL, AND INSTITUTIONAL DIMENSIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 449-457, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/BKZF6980

ABSTRACT

The progressive integration of deoxyribonucleic acid (DNA) evidence into criminal adjudication represents one of the most significant forensic advancements of the modern era. In India, however, this integration has proceeded far more tentatively than in comparable common law jurisdictions, owing to a confluence of legislative gaps, constitutional anxieties, institutional limitations, and deep-rooted societal apprehensions. This article offers a systematic analysis of the principal legal obstacles confronting the adoption of DNA evidence in Indian courts. It maps the current statutory landscape—spanning the Bharatiya Sakshya Adhiniyam, 2023,^[1] the Bharatiya Nagarik Suraksha Sanhita, 2023,^[2] and recent statutory developments such as the DNA Technology (Use and Application) Regulation Bill, 2019^[3]—against the constitutional guarantees enshrined in Articles 20(3), 21, and 14 of the Constitution of India.^[4] The article examines judicial attitudes toward DNA evidence, explores issues of consent, chain of custody, laboratory accreditation, and the risks of wrongful profiling, and situates the Indian predicament within a broader comparative framework. It concludes that a constitutionally calibrated, rights-sensitive legislative architecture is an urgent necessity if India is to harness the probative power of DNA evidence without sacrificing the values of personal liberty and equal protection .

Keywords: DNA evidence, Bharatiya Sakshya Adhiniyam, Bharatiya Nagarik Suraksha Sanhita, forensic science, privacy rights, chain of custody, DNA Technology Bill 2019, constitutional law, criminal justice

LEGAL CHALLENGES IN PROSECUTING CYBERCRIME UNDER THE INFORMATION TECHNOLOGY ACT, 2000

AUTHOR – ADITI SINGH* & MUDRA SINGH**

* STUDENT AT AMITY UNIVERSITY LUCKNOW

** ASSISTANT PROFESSOR AT AMITY UNIVERSITY LUCKNOW

BEST CITATION – ADITI SINGH & MUDRA SINGH, LEGAL CHALLENGES IN PROSECUTING CYBERCRIME UNDER THE INFORMATION TECHNOLOGY ACT, 2000, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 445-448, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/MPNN3001

ABSTRACT

The expansion of digital technologies and the rapid growth of internet accessibility in India have significantly contributed to the increase in cyber-related offences such as hacking, identity theft, cyber fraud, cyber terrorism, and online harassment. The Information Technology Act, 2000 serves as the primary legislation governing cyber offences in India and provides a legal framework for addressing crimes committed through digital means.

Despite the existence of this statutory framework, the prosecution of cybercrime continues to encounter several legal and procedural obstacles. These challenges include jurisdictional complexities, difficulties in establishing the admissibility of electronic evidence, limited technical expertise among investigative authorities, delays in investigation and trial, and inadequacies in the existing legislative provisions.

This research paper critically examines these challenges and highlights the need for stronger institutional mechanisms, updated legislation, and improved technological capabilities in order to enhance the effectiveness of cybercrime prosecution in India.
Keywords: Cybercrime, Information Technology Act 2000, Electronic Evidence, Jurisdiction, Cyber Law

CRITICAL ANALYSIS OF CHILDREN’S LEGAL AUTONOMY IN JUDICIALAND MEDICAL DECISION MAKING ACROSS SELECTED JURISDICTIONS

AUTHOR – SHREYA THOMAS, STUDENT AT SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – SHREYA THOMAS, CRITICAL ANALYSIS OF CHILDREN’S LEGAL AUTONOMY IN JUDICIALAND MEDICAL DECISION MAKING ACROSS SELECTED JURISDICTIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 430-444, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/YHLA5319

ABSTRACT

This research paper provides a detailed analysis of key developments in the formal recognition of and actual engagement with children’s legal autonomy within the context of the evolution of judicial, and medical, decision-making across certain jurisdictions. Supported by international human rights instruments, and especially the United Nations Convention on the Rights of the Child, the paper looks at legislation and landmark case law that articulate children’s rights to participation in decision-making, as well as capacity-based consent models. While legislation and the courts have recognized children as right-holders who gain developing capacities, the applicability of such provisions is often inconsistent, and is made even more murky by the use of subjective capacity assessments, social and cultural attitudes, institutional barriers, and the training afforded to professionals in contrasting sectors. Against this background, the paper also aims to clarify the persistent tensions between provision of protective oversight and the respect for developing autonomy, and to indicate how supportive, child-centered, strategies recognize this tension by treading the delicate line between empowerment and safeguarding. Finally, it identifies notable gaps between the legal ideals professed, and the practice in situ, especially in the context of the most marginalized children. It is suggested that more thought be given to standards of clarification in the law, judicial education, and institutional reform, to support children to participate meaningfully in decision making contexts.  Ultimately, we offer recommendations aimed at ameliorating these gaps in order to advance children’s rights to participate meaningfully and in a manner that supports self-determination in their lives, in both legal and health care contexts.

Keywords: children’s legal autonomy, judicial decision-making, medical decision-making, capacity-based consent, participatory rights, evolving capacities, Gillick competence, mature minor doctrine, child rights, child protection law

RETHINKING JUVENILE JUSTICE THROUGH THE LENS OF NEUROSCIENCE

AUTHOR – SHAINA MARIAM PRASAD, STUDENT (LAW) AT CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – SHAINA MARIAM PRASAD, RETHINKING JUVENILE JUSTICE THROUGH THE LENS OF NEUROSCIENCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 419-429, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/ZGFD1281

Abstract

The intersection of neuroscience juvenile justice has emerged as a critical frontier. In addressing the persistent recidivism rates among children in conflict with law (ccl), traditional punitive approaches have demonstrated that they are of limited effectiveness.  With recidivism rates ranging from 40 to 65% globally, recent advances in adolescent brain development research suggest that neuropsychology informed interventions may offer better outcomes.

This study examines the differential effectiveness of traditional versus neuropsychology, informed approaches in juvenile justice systems, analysing how the international best practices and neuroscience-based interventions to identify factors, contributing to significant reductions in repeat offending.

A comprehensive systematic review was conducted analysing peer review literature, government reports and international juvenile justice data from 2000-2025. Along with comparative analysis, focusing on recidivism rates,  intervention effectiveness,the long-term outcomes across jurisdictional approaches.

Countries that have been implementing neuropsychology informed approaches demonstrated substantially lower residence rates, Norway 18% within 2 years and Scotland 22.4% compared to traditional punity systems in the United States, 55 to 65% within 12 months and Canada, 40 to 60%. science-based interventions, incorporating neuroscientific principles show promising results. Multi systemic therapy, 25 to 70% reduction. Functional family therapy, 35% felony reduction. and\n Trauma informed care approaches demonstrate significant improvements in behavioural outcomes of the youth.

Neuropsychology informs juvenile justice approaches consistently outperform the traditional punitive methods in reducing recidivism, implementation of evidence-based interventions that are grounded in adolescent brain development. Research offers a substantial promise for improving rehabilitation outcomes and reducing societal costs.

Keywords

juvenile justice, neuroscience, recidivism, adolescent brain development, evidence-based interventions, rehabilitation