LEGAL OBSTACLES IN PHISHING PREVENTION: ADDRESSING JURISDICTION, ACCOUNTABILITY, AND EVOLVING THREATS

AUTHOR – PRANJUL DUBEY* & DR. JYOTI YADAV**

* LLM (CYBER LAW & CYBER SECURITY) AMITY UNIVERSITY, LUCKNOW.

** ASSISTANT PROFESSOR AT AMITY UNIVERSITY, LUCKNOW

BEST CITATION – PRANJUL DUBEY & DR. JYOTI YADAV, LEGAL OBSTACLES IN PHISHING PREVENTION: ADDRESSING JURISDICTION, ACCOUNTABILITY, AND EVOLVING THREATS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 671-678, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Phishing has become one of the most common and advanced types of cybercrime, impacting both individuals and organizations worldwide. In India, the growing dependence on digital platforms, along with weaknesses in the legal system, creates serious challenges in preventing phishing. This paper looks at the legal difficulties India faces in dealing with phishing, focusing on issues of jurisdiction, accountability, and the constantly changing methods used by cybercriminals. It reviews India’s existing laws, such as the Information Technology Act, 2000, and the Digital Personal Data Protection Act, 2023, to assess whether they are effective in tackling phishing. The paper also examines the role of courts and regulatory bodies, offering suggestions for improving laws, strengthening international cooperation, and increasing accountability to better address phishing threats.

A COMPARATIVE STUDY OF FORD VS FERRARI IN MOTORSPORTS HISTORY

AUTHOR – SANTHOSH PANDIAN P* & DR. S.MARUTHAVIJAYAN**

* STUDENT AT TAMIL NADU DR. AMBEDKAR LAW UNVERSITY (TNDALU), SCHOOL OF EXCELLENCE IN LAW (SOEL)

** ASSISTANT PROFESSOR AT TAMIL NADU DR. AMBEDKAR LAW UNVERSITY (TNDALU), SCHOOL OF EXCELLENCE IN LAW (SOEL)

BEST CITATION – SANTHOSH PANDIAN P & DR. S.MARUTHAVIJAYAN, A COMPARATIVE STUDY OF FORD VS FERRARI IN MOTORSPORTS HISTOR, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 659-670, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The Ford vs. Ferrari rivalry, a historic rivalry in motor sports, is centred around a clash of philosophies. Ferrari, founded in 1947, represents a passion for racing, while Ford, a symbol of American industrial might, aimed to boost its global image through motor sport success. The rivalry reached its peak at the 24 Hours of Le Mans in the late 1960s when Ford developed the GT40 to beat Ferrari. The study explores their key car designs, race strategies, and leadership styles, revealing how their differences pushed each to new heights. The Ford vs. Ferrari saga reshaped how people see racing, influencing car design and brand identity.

KEYWORDS:

Ford, Ferrari, Historic rivalry, Unforgettable mark, American, 24 hours of Le Mans, GT40, Racing, World, Car, Motor sport.

ROLE OF ADR IN SPEEDY JUSTICE SYSTEM IN INDIA

AUTHOR – PRATYAKSH GARG, AMITY LAW SCHOOL, NOIDA, UTTAR PRADESH

BEST CITATION – PRATYAKSH GARG, ROLE OF ADR IN SPEEDY JUSTICE SYSTEM IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 648-658, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The Indian judiciary is confronted with an increasingly mounting backlog of cases, compromising access to timely justice for millions of pending litigations in different courts. Not only does this delay justice, but it also violates the fundamental right of a person, there in the legal maxim, justice delayed is justice denied. In such a scenario, alternate dispute resolution mechanisms have proven to be a useful tool for resolving delays in the formal judicial process. ADR encompasses procedures like arbitration, mediation, conciliation and negotiation, which offers litigants quick, cost-saving and friendly solutions to disputes. These mechanisms facilitate quick resolution of disputes while easing the court workload. The current research explores the central role played by ADR in the Indian justice system and examines its impact on decreasing case pendency along with increasing accessibility of justice for weaker and marginal sections. The research gives an elaborate account of the legal provision that regulates ADR in India, including the arbitration and conciliation act, 1996, and the legal service authorities act, 1987, which formalized Lok Adalat.

Keywords – Cost effective, Friendly solutions, Arbitration and conciliation act, Legal service authorities act, Lok Adalat.

CHALLENGE OF SPACE JUNK

AUTHOR – U.DIVYA* & S. YUVARANI**

STUDENTS AT DR.AMBEDHKAR LAW UNIVERSITY

BEST CITATION – U.DIVYA & S. YUVARANI, CHALLENGE OF SPACE JUNK, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 641-647, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Space junk, or orbital debris, poses a significant threat to operational spacecraft and satellites, increasing the risk of collisions and damage. The accumulation of defunct objects in Earth’s orbit hinders space exploration and endangers future missions. Effective mitigation and removal strategies are necessary to address this growing concern. Define Space junk,” also known as space debris, refers to any non-functional, artificial objects in space, including defunct satellites, spent rocket stages, and fragments from collisions or explosions, that pose a risk to other spacecraft and astronauts.

DISHONOUR OF CHEQUE IN INDIA: IT’S LEGAL ISSUES AND CHALLENGES

AUTHOR – VIJAY CHANDRAN R, LL.M STUDENT, AMITY LAW SCHOOL, NOIDA, U.P

BEST CITATION – VIJAY CHANDRAN R,, DISHONOUR OF CHEQUE IN INDIA: IT’S LEGAL ISSUES AND CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 623-631, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

In India, cheque has a significant role and used it as an instrument for financial transactions, especially during the trade transactions and also used for the personal purposes. The cheque is considered as a negotiable instrument, and it means as a written document which gives a guarantee or promise to pay a certain amount to a specific person for discharging his debt. Apart from cheque, promissory note and the bill of exchange is considered as negotiable instrument. In India, the Negotiable Instruments Act 1881 is the legal framework which governs all these and also it specifies certain procedures in case of any cheating or fraud. Section 138 of Negotiable Instrument Act 1881 clarifies the penal provisions in case of dishonoring of cheque and it attracts both criminal and civil liability in India. The aim of this act is to safeguard the payee (the person whom the money is directed to be paid) and facilitate both personal and business transactions and also have the legal right to receive it from the borrower. In early days, due to the growth of trade, funds become necessary for the shipment of goods and the importance of cheques increased and they considered as an alternative method instead of carrying physical cash in hand. But gradually the lenders faced several issues regarding the delay in repayment of funds and need a statute to tackle this problem and finally it led to the enactment of Negotiable Instruments Act 1881 in India. Section 138 considered as the cornerstone of the Negotiable Instrument Act and it criminalizes the dishonor of cheque practice aiming to safeguard the payee and enhance the credibility of the negotiable instruments. But at the same time, it faces some challenges and issues.

Here, this paper delves into the major legal issues and challenges that arising while applying the law like misusing of laws, delays in complaint filing, heavy burden of cases upon the courts, the burden of proof, liability of the bank, lack of legal knowledge and also strengthening the alternative dispute resolution mechanism to reduce the pending dishonor of cheque cases and for the speedy disposal of it. This paper attempts to provide a thorough examination of section 138 by assessing the difficulties and complications related to the statute.

KEYWORDS: Negotiable Instruments Act,1881, Dishonour of cheques, Section 138, Bank ability, Insufficient funds, Alternative resolution mechanism.

THE PRESIDENT OF INDIA: A CONSTITUTIONAL ANALYSIS

AUTHOR – ASHUTOSH PANDEY, STUDENT AT CAMPUS LAW CENTRE, UNIVERSITY OF DELHI

BEST CITATION – ASHUTOSH PANDEY, THE PRESIDENT OF INDIA: A CONSTITUTIONAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 609-622, APIS – 3920 – 0001 & ISSN – 2583-2344

Introduction

The President of India is the Constitutional head of the Indian Republic and the First Citizen of India. As a ceremonial head of State, the president represents the unity and integrity of the nation while performing essential constitutional, legislative, and executive functions. Although the real executive power vests in the Prime Minister and the Council of Ministers, the President plays a crucial role in ensuring the smooth functioning of India’s democracy.

Under the Constitution of India, the President serves as the chief executive of the Union Government, vested with a long list of powers and functions. These powers are generally exercised on the advice and aid of the Council of Ministers, under the leadership of the Prime Minister as Head, as per Article 74^[1]. This framework is based on the British parliamentary system. However, it is hard to find a Head of State who has a wide range of powers and functions, but these powers are not supposed to be directly exercised by him.

The President is often perceived as the most powerful authority within the state; however, this is a partial truth. The President functions as the constitutional Head, while all the powers and functions are exercised by the Council of Ministers. The president, acting merely as a formal figurehead, is like a silent spectator who has to act on the aid and advice of the Council of Ministers.

 According to Article 52^[2]The existence of the President is mandated under any circumstances.  One of the paramount duties of the President, as mentioned in Article 60^[3]It is to preserve, protect, and defend the Constitution (Article 60^[4] – oath of President). A failure to protect would also amount to a breach of his duty and subject him to impeachment proceedings under Article 61.^[5]

This article explores the constitutional provisions, historical context, and practical functioning of the Indian presidency, examining its similarities with and distinctions from the British monarch. It also analyses the President’s discretionary powers, the impeachment process, and the evolving role in India’s parliamentary democracy. By delving into these aspects, the article aims to provide a comprehensive understanding of one of India’s most prestigious yet often misunderstood institutions.

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[1] The  Constitution of India, Art. 74

[2] The  Constitution of India, Art. 52

[3] The  Constitution of India, Art. 60

[4] The  Constitution of India, Art. 60

[5] The  Constitution of India, Art. 61

INDIAN JUSTICE SYSTEM: IMPEACHMENT, INQUIRIES, AND POLITICAL INFLUENCE

AUTHOR – AMAN BHARTI* & PROF. (DR.) ARUN KUMAR SINGH**

* LLM (CONSTITUTIONAL AND ADMINISTRATIVE LAW) ||LL.B|| ENGLISH(HONS) || THE ICFAI UNIVERSITY, DEHRADUN AMANBHARTI85810@GMAIL.COM

** PROFESSOR, THE ICFAI UNIVERSITY, DEHRADUN. EMAIL – ARUN.SINGH@IUDEHRADUN.EDU.IN

BEST CITATION – AMAN BHARTI & PROF. (DR.) ARUN KUMAR SINGH, INDIAN JUSTICE SYSTEM: IMPEACHMENT, INQUIRIES, AND POLITICAL INFLUENCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 594-608, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The lack of strong mechanisms to ensure judicial accountability has raised worries about corruption, political meddling, and diminishing public confidence. This concern has been central to legal discussions, with multiple reform efforts made, yet finding the proper equilibrium between autonomy and responsibility continues to be a significant challenge. The present state of judicial accountability in India is riddled with challenges, ranging from political interference in impeachment processes to insufficient transparency in investigations of judicial misconduct. The greater issue is not judicial overreach but the judiciary’s growing hesitance to confront executive intrusions. This scenario endangers the fundamental nature of the judiciary’s responsibility as a defender of citizens’ rights and a steward of the Constitution. This analysis examines the intricacies of this matter, investigating the necessity for reform and the significance of preserving the integrity of India’s judicial system.

This study examines the challenges of reconciling judicial independence with accountability measures in India, intending to investigate how reforms and public involvement can improve transparency, integrity, and confidence in the judiciary. The primary research inquiries aim to identify ways to improve the equilibrium between judicial independence and accountability, tackle deficiencies in judicial oversight and the process of judge removal, and examine how open justice practices, like live-streaming court sessions, can bolster transparency.

INDIA’S FOREIGN EXCHANGE REGULATION: EVOLUTION, ENFORCEMENT, AND EMERGING LEGAL DOCTRINES UNDER FEMA

AUTHOR – ANTO J ALAPPATT, LLM CANDIDATE, RESEARCH SCHOLAR, AMITY LAW SCHOOL, NOIDA. EMAIL ID: ANTOALAPPAT1998@GMAIL.COM

BEST CITATION – ANTO J ALAPPATT, INDIA’S FOREIGN EXCHANGE REGULATION: EVOLUTION, ENFORCEMENT, AND EMERGING LEGAL DOCTRINES UNDER FEMA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 580-593, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This research article critically examines the evolution, enforcement, and emerging legal doctrines of India’s foreign exchange regulation framework, with a particular focus on the transition from the Foreign Exchange Regulation Act (FERA) to the Foreign Exchange Management Act (FEMA), 1999. The study aims to trace the shift from a control-oriented regime under FERA to a more liberalized, civil framework under FEMA, emphasizing regulatory modernization in the context of globalization, capital mobility, and compliance with international financial norms.

Using a doctrinal and analytical methodology, this study systematically reviews statutory provisions, delegated legislations, and institutional roles—primarily that of the Reserve Bank of India (RBI) and Authorized Dealers (ADs). It delves into the Foreign Exchange Management Rules governing current and capital account transactions and examines their significance within India’s broader economic and legal frameworks.

The paper also explores the integration of anti-money laundering (AML) mechanisms within FEMA through compliance, supervisory, and technological frameworks, highlighting India’s alignment with global AML standards. The enforcement mechanisms under the Directorate of Enforcement (ED), and their interface with the Prevention of Money Laundering Act (PMLA), are critically analyzed through doctrinal scrutiny and select case laws.

Key judgments such as ED v. Hasan Ali Khan, Ketan Parekh v. Union of India, and J. Sekar v. Directorate of Enforcement are studied to understand judicial interpretations on civil penalties, procedural fairness, and RBI’s regulatory discretion. The findings underscore an evolving jurisprudence characterized by a balance between economic liberalization and regulatory vigilance.

The article concludes that while FEMA represents a paradigm shift from punitive control to facilitative regulation, emerging challenges in AML enforcement, judicial oversight, and regulatory clarity demand continuous legal adaptation to meet global compliance expectations and economic resilience.

“THE INFLUENCE OF MEDIA NARRATIVES ON THE EMERGENCE OF GAMBLING CULTURE IN INDIA”

AUTHOR – ABHINAV SINGH & MR. AYUSH SARAN,

* STUDENT AT AMITY UNIVERSITY, UTTAR PRADESH- LUCKNOW

** ASSISTANT PROFESSOR AT AMITY UNIVERSITY, UTTAR PRADESH- LUCKNOW

BEST CITATION – ABHINAV SINGH & MR. AYUSH SARAN, “THE INFLUENCE OF MEDIA NARRATIVES ON THE EMERGENCE OF GAMBLING CULTURE IN INDIA”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 569-579, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The rise of gambling, in India has led to the development of a gambling scene influenced by social and economic aspects at play in society. This research delves into how media stories play a role in shaping this burgeoning culture by examining media portrayals of gambling through a lens we explore how these representations impact public perception by portraying it as an appealing and esteemed form of leisure Our findings highlight that media depictions not only validate gambling but also elevate gamblers to a higher social standing thereby intensifying the widespread interest, in gambling activities. This research delves into how media portrayals influence. Mirror the beliefs and standards of society regarding gambling, as a form of entertainment. The results shed light on the cultural factors that shape gambling habits in India and emphasize the need for truthful media representations and well-reasoned legislative actions to lessen gaming’s potential detrimental impacts.

JUDICIAL APPOINTMENT IN INDIA: NEED OF THE HOUR NJAC

AUTHORS – MANDEEP SINGH YADAV* & AKSHAY KUMAR**

* STUDENT AT LAW COLLEGE DEHRADUN, FACULTY OF UTTARANCHAL UNIVERSITY. EMAIL- YADAVSINGHMANDEEP2906@GMAIL.COM

** ASSISTANT PROFESSOR AT LAW COLLEGE DEHRADUN, FACULTY OF UTTARANCHAL UNIVERSITY. EMAIL – AKSHAYKUMAR@UUMAIL.COM

BEST CITATION – MANDEEP SINGH YADAV & AKSHAY KUMAR, JUDICIAL APPOINTMENT IN INDIA: NEED OF THE HOUR NJAC, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 558-568, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

“Within the scope of this research study, India’s judicial appointment system is investigated, with a particular emphasis placed on the ongoing discussion over the National Judicial Appointments Commission (NJAC). Through the use of judicial interpretation, the article illustrates the development of judicial nominations, beginning with the constitutional requirements and culminating in the establishment of the Collegium system. The Fourth Judges Case of 2015, which declared the 99th Constitutional Amendment and the NJAC Act to be invalid, is subjected to a critical analysis in this document. According to the findings of the study, the reasons for and against the NJAC are evaluated, and concerns regarding democratic accountability against judicial independence are investigated. The purpose of this essay is to add to the academic conversation on the topic of attaining a balanced, transparent, and successful judicial appointment system in India. It does this by comparing India’s system with appointment processes in other democracies, reviewing recent trends, and providing prospective reform options.”

Keywords: Judicial appointments, National Judicial Appointments Commission, Collegium system, Judicial independence, Constitutional reforms, Supreme Court of India