A DETAILED ANALYSIS ON PRINCIPLES AND TYPES OF INJUNCTION

AUTHOR – BHAGYADA P.UBALE, LLM 2ND YEAR STUDENT OF DES’S SHRI NAVALMAL FIRODIA LAW COLLEGE PUNE

BEST CITATION – BHAGYADA P.UBALE, A DETAILED ANALYSIS ON PRINCIPLES AND TYPES OF INJUNCTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 166-171, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

“An injunction is an equitable remedy in law that compels a party to do or refrain from doing specific acts. It serves as a crucial tool to prevent irreparable harm and maintain the status quo in legal disputes”.  Historically, the principles of injunction originated from English equity law and became part of Indian jurisprudence through the common law system. With the enactment of the Specific Relief Act, 1963, injunctions found a formal legislative framework in India. In modern legal systems, injunctions remain a vital equitable remedy, used to prevent harm, maintain the status quo, or compel action.Courts issue various types of injunctions like Interim, Permanent, Prohibitoary and Mandatory, based on necessity and urgency. Their application balances the rights of parties, often guided by principles such as irreparable harm, balance of convenience, and public interest. Injunctions are now widely used in civil, commercial, environmental, and intellectual property disputes to ensure fairness and prevent legal violations. The application of principles and types of injunctions lacks consistency and clarity, leading to judicial ambiguity, enforcement challenges, and ethical concerns Injunctions, guided by key principles and diverse types, are vital legal tools that balance rights, prevent harm, and ensure justice in equitable remedies. Strengthen enforcement provisions for injunctions, including more robust penalties for non-compliance, ensuring greater effectiveness in upholding judicial orders. This study aims to explore the principles guiding the issuance of injunctions and analyse the different types of injunctions, their applications, and challenges, with a view to proposing reforms for more effective and equitable legal outcomes.

Key Words – Injunction, Equitable remedy, Principles, Types of Injunction.

“UNITED NATIONS POLICE (UNPOL) THEIR CHALLENGES AND ISSUES: CRITICAL ANALYSIS”

AUTHOR – DEEPALI MOHAN KHALATE, LLM STUDENT AT MODERN LAW COLLEGE, PUNE

BEST CITATION – DEEPALI MOHAN KHALATE, “UNITED NATIONS POLICE (UNPOL) THEIR CHALLENGES AND ISSUES: CRITICAL ANALYSIS”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 157-165, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract :

UN police is the main organ of the United Nations Organisation for fulfilling its main purpose of organization that is “Peace Keeping”. UN peacekeeping in its efforts to try to maintain and realize peace and security. Moreover, this milestone invites us to ponder what lies ahead in the realm of peacekeeping. For this reason, this forum article brings together both academics and UN officials to assess the achievements and challenges of UN peacekeeping over the past 75 years.^[1] Through a dialogue among peacekeeping scholars and practitioners, we hope to identify current trends and developments in UN peacekeeping, as well as explore priorities for the future to improve the effectiveness of peacekeeping operations in terms of achieving their mandate objectives, such as maintaining peace, protecting civilians, promoting human rights, and facilitating reconciliation^[2]. This forum article is structured into six thematic sections, each shedding light on various aspects of UN peacekeeping: (1) foundational principles of UN peacekeeping – namely, consent, impartiality, and the (non-)use of force; (2) protection of civilians; (3) the primacy of politics; (4) early warning; (5) cooperation with regional organizations; and (6) the changing geopolitical landscape in which UN peacekeeping operates.

Key words: United Nations Organization, UN Police,  Peacekeeping aspects, Protection of civilians, consent, Impartiality.

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[1] United Nations. United Nations Police (UNPOL): Overview and Mandate. UN Peacekeeping, 2023. https://peacekeeping.un.org/en/un-police

[2] Duursma, A., Bara, C., Wilén, N., Hellmüller, S., Karlsrud, J., Oksamytna, K., Bruker, J., et al. “UN Peacekeeping at 75: Achievements, Challenges, and Prospects.” International Peacekeeping, vol. 30, no. 4, 2023, pp. 415–476. https://doi.org/10.1080/13533312.2023.2263178.

NFTS AND COPYRIGHT: LEGAL CHALLENGES IN VIRTUAL ASSETS

AUTHOR – PRIYANSHU MISHRA, STUDENT AT GALGOTIAS UNIVERSITY

BEST CITATION – PRIYANSHU MISHRA, NFTS AND COPYRIGHT: LEGAL CHALLENGES IN VIRTUAL ASSETS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 149-156, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

Non-fungible tokens (NFTs) have rapidly transformed the market for digital creativity by creating a novel mechanism for assigning and transferring scarce digital property rights. But NFTs were born on blockchains, not in copyright law textbooks. The result is a persistent and growing mismatch between what an NFT conveys on-chain (a token and metadata pointing to media) and what copyright law governs (exclusive rights in creative works). This article examines the legal challenges that arise at that intersection: ownership vs. copyright, infringement and enforcement, marketplace and platform liability, smart contracts and licensing, moral rights and attribution, cross-jurisdictional enforcement, evidence and remedies, and policy options. It offers practical recommendations for creators, buyers, platforms, and lawmakers to reduce friction and protect both market innovation and authors’ legal rights.

“LEGAL FRAMEWORK FOR BIOMEDICAL WASTE MANAGEMENT IN INDIA :GAPS AND CHALLENGES”

AUTHOR – ADV ARPITA ANIL PITALE, LLM STUDENT DES NAVALMAL FIRODIA LAW COLLEGE PUNE

BEST CITATION – ADV ARPITA ANIL PITALE, “LEGAL FRAMEWORK FOR BIOMEDICAL WASTE MANAGEMENT IN INDIA :GAPS AND CHALLENGES”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 140-148, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSRACT

Biomedical waste is one of the most rapidly expanding public and environmental health threats. In India, the Biomedical Waste Management Rules of 2016 came into being to govern the management of such waste by hospitals and clinics. But on the ground, the system has serious lacunas—insufficient segregation, no proper disposal facilities in place, lax enforcement, and insufficient awareness among healthcare professionals. The COVID-19 pandemic exposed these deficiencies further because the increased medical waste overpowered the existing infrastructure. This article discusses the legal regime for biomedical waste management in India, maps out the key challenges in its enforcement, and compares Indian practice with international standards. It contends that while the law on paper is robust, its effectiveness is diminished by weak implementation and narrow accountability. The article proposes practical reform, enhanced monitoring, and green practices to make biomed waste management both legally effective as well as environmentally safe.

KEY WORDS :- Biomedical Waste Management, Environmental Law, Public Health OF India, Biomedical Waste Management Rules, 2016, Legal Framework, COVID-19 Pandemic, Compliance and Enforcement, Sustainable Waste Practices

A CRITICAL STUDY OF 24TH AMENDMENT OF THE CONSTITUTION

AUTHOR – GOPAL SONTAKKE, LLM STUDENT AT NAVLMAL FIRODIA LAW COLLEGE

BEST CITATION – GOPAL SONTAKKE, A CRITICAL STUDY OF 24TH AMENDMENT OF THE CONSTITUTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 130-139, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

“In the evolving landscape of Indian democracy, constitutional amendments have always been crucial in shaping governance, with the 24th Amendment of the Indian Constitution, passed in 1971, marking an important chapter in the nation’s legal history.” The 24th Amendment was introduced to resolve conflicts regarding judicial review of constitutional amendments, particularly in light of the basic structure doctrine. By empowering Parliament to amend any part of the Constitution, including fundamental rights, it aimed to reduce tensions between the legislature and the judiciary. The amendment was passed during a period of political instability and responded directly to the Supreme Court’s decision in the Kesavananda Bharati case, where the Court laid down the basic structure doctrine, limiting the powers of Parliament to amend the Constitution. Even today, the 24th Amendment remains a subject of legal debate, especially concerning its impact on the balance of power between Parliament and the judiciary. The Amendment clarified that Parliament has the authority to amend the Constitution, including fundamental rights, but still needed to respect the core principles that define the Constitution. This paper critically examines the 24th Amendment’s impact on constitutional law, its effect on the relationship between different branches of government, and its relevance in today’s legal and political context. Although the 24th Amendment was intended to enhance the powers of Parliament; it raised important questions about the limits of constitutional amendments and the protection of fundamental rights. The paper suggests a deeper examination of the amendment’s long-term impact and advocates for reforms to better balance legislative authority and judicial review. The objective of this study is to evaluate the 24th Amendment’s influence on India’s constitutional framework, its role in governance, and propose changes to ensure a proper balance between legislative powers and the protection of fundamental rights.

Keywords: 24th Amendment, Indian Constitution, Judicial Review, Parliament, Basic Structure Doctrine, Constitutional Law, Fundamental Rights.

LEGAL STUDIES OF OFFSHORE CONTRACTS IN INDIA

AUTHOR – ADV.GARGEE R. DHANAWADE, LLM STUDENT OF DECCAN EDUCATION SOCIETY’S SHRI NAVALMAL FIRODIA LAW COLLEGE, PUNE

BEST CITATION – ADV.GARGEE R. DHANAWADE, LEGAL STUDIES OF OFFSHORE CONTRACTS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 120-129, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

“Where global ambition meets local law, offshore contracts in India define the rules of engagement for a rapidly evolving economic powerhouse.” Offshore contracts have played a crucial role in India’s economic and legal evolution, reflecting the country’s growing integration into the global marketplace. Historically, the Indian legal system, rooted in the Indian Contract Act of 1872, provided the foundation for regulating contracts, including those with offshore elements. Over the years, India’s engagement with international commerce has expanded, necessitating adaptations in its legal framework to address the complexities of cross-border agreements. Presently, offshore contracts in India operate under a blend of domestic legislation, such as the Arbitration and Conciliation Act of 1996 and the Foreign Exchange Management Act (FEMA), alongside international conventions like the New York Convention. Despite advancements, several research problems persist, including jurisdictional disputes, enforceability of foreign judgments and awards, and gaps in addressing emerging challenges like data security and intellectual property rights in offshore agreements. The increasing complexity and volume of offshore contracts in India present challenges in ensuring legal compliance, effective risk management, and equitable dispute resolution in a globally competitive environment. This necessitates a deeper understanding of regulatory frameworks, cultural nuances, and operational dynamics to enhance the efficiency and fairness of offshore contracting practices. This study hypothesizes that while India’s offshore contract framework is strong in some areas, it necessitates specific reforms to improve clarity, enforceability, and alignment with global standards. Possible reforms include adopting stricter guidelines for dispute resolution, streamlining processes for recognizing foreign arbitral awards, and ensuring harmonization with international trade laws. The researcher will analyze the historical evolution, assess the present state of offshore contracts in India, and propose practical reforms to address current challenges. The objectives include evaluating the effectiveness of existing legal mechanisms, identifying gaps, and offering solutions that promote legal certainty, economic growth, and India’s competitiveness in the global market.

KEYWORDS: AGREEMENT, CONTRACT, OFFSHORE CONTRACT, GLOBAL MARKET

THE ENFORCEABILITY OF NON COMPETE CLAUSES IN EMPLOYMENT CONTRACT

AUTHOR – ADITYA M. RODE, LLM STUDENT AT DECCAN EDUCATION SOCIETY’S, SHRI. NAVALMAL FIRODIA LAW COLLEGE, PUNE

BEST CITATION – ADITYA M. RODE, THE ENFORCEABILITY OF NON COMPETE CLAUSES IN EMPLOYMENT CONTRACT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 111-119, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

“In a rapidly evolving employment landscape, non-compete clauses have become both a shield for employers and a contentious battleground for employees.” Non-compete clauses, often embedded within employment contracts, are designed to restrict employees from working with competitors or starting competing ventures for a specified period after leaving an organization. These clauses have been a subject of legal contention globally, with their enforceability tied to the historical evolution of employment law and business practices. In India, non-compete clauses must navigate the limitations imposed by the Indian Contract Act, 1872, particularly Section 27, which declares agreements in restraint of trade as void. While these clauses aim to protect legitimate business interests such as trade secrets and client relationships, they often clash with the fundamental right to livelihood and the principle of free consent. This paper examines whether India’s legal framework effectively balances employers’ business interests and employees’ right to livelihood in enforcing non-compete clauses. Overly broad non-compete clauses may violate employees’ right to work, requiring clearer guidelines and safeguards for fair enforcement. The paper recommends potential reforms, such as clearer guidelines for enforceability, employee safeguards against unreasonable restrictions, and judicial scrutiny of unfair clauses. The objective is to analyze the legal framework governing non-compete clauses in India, draw comparisons with international practices, and propose measures to ensure their fair and equitable application.

Keywords: Non-compete Clauses, Employment Contracts, Indian Contract Act, Section 27, Employee Rights, Business Interests, Global Perspectives, Legal Framework, Fairness.

OVERVIEW OF THE MEDIATION ACT, 2023

AUTHOR – ADITYA SALUNKHE, LLM II YEAR, DES’S SNFLC, PUNE.

BEST CITATION – ADITYA SALUNKHE, OVERVIEW OF THE MEDIATION ACT, 2023, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 104-110, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION:

The evolution of modern legal systems has been marked by a constant tension between the need for formal, codified justice and the desire for efficient, accessible conflict resolution. In recent decades, this tension has given rise to the global proliferation of Alternative Dispute Resolution (ADR) mechanisms, a collective term for methods of resolving disputes outside of official judicial channels.¹ ADR is increasingly viewed not as a mere alternative to litigation, but as a core component of “appropriate” dispute resolution, where each conflict is steered toward the most suitable process—be it negotiation, mediation, or arbitration.¹ The primary global impetus for this shift has been the mounting costs, time delays, and adversarial nature of traditional court systems.²

             RIGHT OF ACCUSED PERSON (AN OVERVIEW OF CRIMINAL JUSTICE IN INDIA)

AUTHOR – AKASH KONDE, LLM STUDENT AT NAVLMAL FIRODIA LAW COLLEGE

BEST CITATION – AKASH KONDE, RIGHT OF ACCUSED PERSON (AN OVERVIEW OF CRIMINAL JUSTICE IN INDIA), INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 96-103, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The Indian Constitution embodies the principle that it is better for several guilty individuals to go free than for a single innocent person to be wrongfully punished, emphasizing the sanctity of life and liberty. The rights of the accused were primarily confined to the trial phase, particularly in the 18th century. However, as legal systems evolved, especially in the latter half of the 20th century, many nations expanded these rights to protect individuals both before and after trials. India’s legal framework, rooted in the principle of “innocent until proven guilty,” ensures comprehensive safeguards for accused individuals, primarily through the Constitution. In India today, Articles 20, 21, and 22 of the Constitution guarantee various protections, ensuring that no person is deprived of life or personal liberty without due process. The legal landscape also includes the Bharatiya Nagarik Suraksha Sanhita, which provides rights such as access to legal counsel, protection from self-incrimination, and the right to a timely and fair trial. (Short Explanation)This paper provides a thorough exploration of the constitutional and legal safeguards available to the accused in India. These protections are designed to prevent arbitrary arrest, detention, and violations of personal liberty, ensuring the right to a fair trial is preserved at every stage of the judicial process. Despite the robust legal framework, challenges remain in ensuring that these rights are consistently upheld, particularly in cases of unlawful detention, delayed trials, and procedural lapses during arrests. Upholding the constitutional rights of the accused requires continued judicial vigilance and procedural reforms to ensure that due process is adhered to, protecting the balance between personal liberty and the needs of justice. This paper advocates for stronger implementation and enforcement of judicial pronouncements, such as those in Maneka Gandhi v. Union of India (1978) and DK Basu v. State of West Bengal (1997), which have expanded the scope of protections during arrest and detention. Further clarity in legal procedures, especially regarding pre-trial and post-trial rights, is necessary to uphold the principle of justice. The aim of this paper is to analyze the constitutional and judicial protections for accused persons in India, offering insights into how these rights can be further strengthened to ensure that justice is served without compromising personal liberty.

Keywords: (Accused, Criminal Justice, Article 20, Article 21, Fair Trail, Legal Representation)

A CRITICAL STUDY ON UNFAIR TRADE PRACTICE: EXAMINING THE IMPACT OF DOHA DECLARATION ON GLOBAL EQUITY

AUTHOR – JENAGA VARSHINI B, STUDENT AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES (SIMATS), SAVEETHA UNIVERSITY, CHENNAI- 600 077.

BEST CITATION – JENAGA VARSHINI B, A CRITICAL STUDY ON UNFAIR TRADE PRACTICE: EXAMINING THE IMPACT OF DOHA DECLARATION ON GLOBAL EQUITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 77-96, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Unfair trade practices (UTPs) refer to deceptive, fraudulent, or unethical business conduct that distorts competition and harms consumers. The Doha Declaration, adopted during the WTO Ministerial Conference in 2001, primarily focused on public health, trade flexibility, and fair trade practices, particularly concerning intellectual property rights under the TRIPS Agreement. The aim of the research paper is to conduct a critical study of unfair trade practices, with a special focus on the Doha Declaration and its impact on global trade regulations, intellectual property rights (IPR), and access to essential goods, especially pharmaceuticals. The objective is  to examine the concept and types of unfair trade practices in international trade, To analyze the role of the Doha Declaration in addressing unfair trade practices, with a focus on public health and intellectual property rights. The methodology of the research is that, This empirical study collected data from 211 respondents in Chennai using convenience sampling. Key variables included age, gender, education, and occupation. The study used cluster graphs, ANOVA, and chi-square tests to assess the necessity of unfair trade protection in ensuring fair and safe trade between consumers and sellers. The Finidings of the study is  that despite the Doha Declaration’s intent to promote fair trade, unfair practices persist due to corporate influence, weak enforcement. In the pharmaceutical sector, TRIPS-related patent protections have increased drug prices, limiting access to essential medicines, while developing countries face legal and economic barriers in utilizing compulsory licensing. The conclusion is  that while the Doha Declaration was a significant step toward addressing unfair trade practices, medicines, as developing nations face economic and political barriers when attempting to use compulsory licensing.

KEYWORD :Doha Declaration, Unfair Trade Practices, Trade Regulations, Property Rights, Global Equity.