RAKESH RANJAN SRIVASTAVA VS. STATE OF JHARKHAND AND ANOTHER (2024) 3 S.C.R.438; 2024 INSC 205; (2024) 4 SCC 419.

AUTHOR – KANAK S. UPADHYAY, STUDENT AT M.K.E.S COLLEGE OF LAW

BEST CITATION – KANAK S. UPADHYAY, RAKESH RANJAN SRIVASTAVA VS. STATE OF JHARKHAND AND ANOTHER (2024) 3 S.C.R.438; 2024 INSC 205; (2024) 4 SCC 419., INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (2) OF 2025, PG. 12-15, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of M.K.E.S. College of Law and the Institute of Legal Education (ILE), titled “Current Trends in Indian Legal Frameworks: A Special Edition” (ISBN: 978-81-968842-8-4).

INTRODUCTION

This case deals with the interpretation of Section 143A (1) of the Negotiable Instrument Act, 1881(N.I.Act), which is a significant provision that allows a Court to order interim compensation in cheque dishonor cases.^[1] Earlier, there was no provision as to payment of compensation under the N.I.Act. Section 143A was inserted in the N.I.Act through Negotiable Instruments (Amendment) Act, 2018.^[2]Section 143A is prospective in nature and confined to cases where the offences were committed after the introduction of Section 143A in the statute books.^[3] The central issue of this case is whether this provision is directory or mandatory. If it is held directory, what are the factors to be considered for exercising such powers. The Supreme Court ruled that the power to order interim compensation under Section 143A is discretionary, not mandatory. The Court emphasized that the word “may” cannot be construed as “shall,” as such interpretation will be unjust and contrary to the well-settled concept of fairness and justice and it can manifest arbitrariness.

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[1] Section 143A of the Negotiable Instrument Act, 1881.

[2] Inserted by the Negotiable Instrument Act (Amendment)Act, 2018(Act No. 20 of 2018),Sec 2.

[3] G.J.Raja  v. Tejraj  Surana A.I.R. 2019 S.C. 2956

ROLE OF RBI IN INDIA’S ECONOMIC DEVELOPMENT

AUTHOR – HEER CHIRAG SHAH, STUDENT AT MKES COLLEGE OF LAW

BEST CITATION – HEER CHIRAG SHAH, ROLE OF RBI IN INDIA’S ECONOMIC DEVELOPMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (2) OF 2025, PG. 08-11, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of M.K.E.S. College of Law and the Institute of Legal Education (ILE), titled “Current Trends in Indian Legal Frameworks: A Special Edition” (ISBN: 978-81-968842-8-4).

INTRODUCTION

The Reserve Bank of India (RBI), India’s central bank, was established on April 1, 1935 under the Reserve Bank of India Act 1934. As the apex monetary institution, the RBI regulates, supervises and develops the country’s financial system. Initially, the RBI’s role was confined to controlling credit, but it has since evolved to encompass a broader range of functions.

THE CONCEPT OF CSR IN INDIA

AUTHOR – YASHODA B. PUROHIT, STUDENT AT MKES COLLEGE OF LAW

BEST CITATION – YASHODA B. PUROHIT, THE CONCEPT OF CSR IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (2) OF 2025, PG. 03-07, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of M.K.E.S. College of Law and the Institute of Legal Education (ILE), titled “Current Trends in Indian Legal Frameworks: A Special Edition” (ISBN: 978-81-968842-8-4).

INTRODUCTION

Corporate Social Responsibility (CSR) has become a vital part of business strategies for leading organizations worldwide. While there is no universally accepted definition, CSR broadly reflects the idea of businesses taking responsibility for their impact on society and the environment. The idea of CSR is philanthropic which include concepts like sustainability, corporate citizenship, shared value, and business accountability. In the Indian context, CSR has become increasingly significant, especially with the implementation of statutory requirements.

ROLE OF LAW TEACHERS IN LEGAL EDUCATION

AUTHOR – YOGESH PRASAD KOLEKAR, ASSISTANT PROFESSOR AT M.K.E.S COLLEGE OF LAW

BEST CITATION – YOGESH PRASAD KOLEKAR, ROLE OF LAW TEACHERS IN LEGAL EDUCATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (2) OF 2025, PG. 01-02, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of M.K.E.S. College of Law and the Institute of Legal Education (ILE), titled “Current Trends in Indian Legal Frameworks: A Special Edition” (ISBN: 978-81-968842-8-4).

ABSTRACT

A law teacher is the first person who introduces law students to legal world and legal concepts. Law teachers are responsible for imparting a comprehensive understanding of legal principles, doctrines, and case laws. A law teacher helps student to develop skill to critically analyze legal systems, laws, and judicial decisions. A law teacher act as a mentor, guiding students in their academic and professional growth. A law teacher should encourage students to contribute to legal knowledge by researching on emerging issues, publishing articles, and even writing books. A law teacher has responsibility to instill professional ethics by inculcating values of integrity, fairness, and social responsibility in future lawyers.

Key words: law teachers’ role, legal skills. legal research, skills development, critical thinking

“DIGITAL ASSETS AND ARBITRATION IN INSOLVENCY PROCEEDINGS: CHALLENGES IN A BORDERLESS BLOCKCHAIN ERA”

AUTHORS – SAGAR DUTTA & HARSHITA DUBEY, STUDENTS OF ST. XAVIER’S UNIVERSITY, KOLKATA

BEST CITATION – SAGAR DUTTA & HARSHITA DUBEY, “DIGITAL ASSETS AND ARBITRATION IN INSOLVENCY PROCEEDINGS: CHALLENGES IN A BORDERLESS BLOCKCHAIN ERA”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 38-45, APIS – 3920 – 0001 & ISSN – 2583-2344.

Introduction

Digital assets, which include cryptocurrencies, tokens, non-fungible tokens (NFTs), and other blockchain-based assets, pose unique challenges under insolvency laws. Unlike traditional assets, digital assets often exist on decentralized platforms, making them intangible and difficult to categorize within existing legal frameworks.^[1] Insolvency laws across jurisdictions have struggled to define these assets uniformly, leading to fragmented approaches. For example, some jurisdictions classify cryptocurrencies as property, while others view them as commodities or even securities. This lack of harmonization complicates the resolution of insolvency cases where digital assets form a significant part of the debtor’s estate. At the national level, countries like the United States have begun to integrate digital assets into their legal systems, categorizing them under property law for insolvency purposes. In contrast, the European Union has adopted the Markets in Crypto-Assets Regulation (MiCA) to provide a more cohesive regulatory approach. However, the international landscape remains inconsistent. The United Nations Commission on International Trade Law (UNCITRAL) has not yet provided clear guidelines for digital asset classification in insolvency cases, leaving practitioners to rely on bilateral or regional frameworks. This divergence complicates cross-border insolvencies, as courts may struggle to determine the legal status of digital assets held across jurisdictions.^[2]

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^[1] Sharma R. Non-Fungible Token (NFT): What it means and how it works. Investopedia. https://www.investopedia.com/non-fungible-tokens-nft-5115211. Published June 12, 2024.

^[2] Insolvency | United Nations Commission on International Trade Law. https://uncitral.un.org/en/texts/insolvency.

A CRITICAL ANALYSIS OF HEALTH AND SAFETY OF MIGRANT WORKERS

AUTHOR – BHUVANESWARY S & GRACE GODSON B, LLM SCHOLARS AT THE TAMIL NADU DR.AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE IN LAW.

BEST CITATION – BHUVANESWARY S & GRACE GODSON B, A CRITICAL ANALYSIS OF HEALTH AND SAFETY OF MIGRANT WORKERS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 34-37, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The information of employment and Unemployment which is conducted by Ministry of statistics and Program Implementation (MoSPI) since 2017-18. The overview period is July to June of following year. As per the information accessible in most recent Yearly PLFS Reports, the assessed Specialist Populace Proportion (WPR), demonstrating business, on normal status for people of age 15 a long time & over was 50.9%, 52.6% and 52.9% amid 2019-20, 2020-21 and 2021-22, separately. As per the Report Movement in India, 2020-21, based on PLFS    2020-21, discharged by (MoSPI), the add up to movement rate in India was 28.9%. Out of the add up to transient people, around 10.8% people were relocated due to business related reasons. The business related reasons incorporate in look of employment/better work, for work/ work (to take up business/ to take up superior business/ commerce/ nearness to put of work/ exchange) and misfortune of job/closure of unit/lack of work opportunities. With this ever-increasing rate of relocation inside the nation, the act of giving viable healthcare administrations to all remains a challenge. Discoveries from the survey portrayed a few wellbeing issues and dreary conditions, such as the risk of irresistible maladies, work-related ailment, sexually transmitted diseases (STI) and mental clutters. This survey paper recognizes need of social security and wellbeing care scope for the vagrants as pivotal concerns; and in this manner illustrates the require to have all-inclusive urban wellbeing care approaches to guarantee common wellbeing and well-being for transients, along with way better work and living conditions.

“ARTIFICIAL INTELLIGENCE IS A BOON FOR JUSTICE DELIVERY SYSTEM”

AUTHOR – DR. HINA GUPTA, ASSISTANT PROFESSOR AT SHRI RAM COLLEGE OF LAW, MUZAFFARNAGAR, UTTAR PRADESH, INDIA

BEST CITATION – DR. HINA GUPTA, “ARTIFICIAL INTELLIGENCE IS A BOON FOR JUSTICE DELIVERY SYSTEM”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 27-33, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Artificial Intelligence has changed the approach of the technology in 21^st Century now. It would not be wrong to call it the Technological Revolution – 2024. AI can become the boon for human race by its positive use or a curse if it is not carefully handled. Artificial Intelligence has its origin since 1950s but it was not as much developed as today. Primarily, it was purely based on Turing Test only, but now we are living with the developed form of AI. ‘The pendency of Cases’ and ‘Delay in justice delivery’ are two main issues on which India must work and consequently can provide a better shape to Indian Justice Delivery System. AI is actually the up-gradation in technology, with which we all have to live with. Every new thing has some merits and demerits and so as AI has. By providing audio translating system and audio-typing system etc. our respected Judicial officers are becoming more efficient and justice delivery system is becoming more transparent. After adopting this form of AI in our judicial system the Clients can now read any order or Judgment in their own native language. In this paper, the Author is highlighting the features of AI, which are helping Judicial System and simultaneously the solutions of few gaps in execution of AI in Justice Delivery.

Keywords: AI, AI a boon, Justice, Justice delivery system, Technological revolution.

IMPACT OF CHANGING DIMENSIONS OF THE DIGITAL PLATFORM AGAINST CHILDREN AND EXIGENCY OF THE DIGITAL DATA PROTECTION ACT

AUTHOR – SURIYAPRABHA KALIRAJAN, B.Sc.,(MB) , LL.B., M.Sc.(C&P)., LL.M.,(HRDE), ADVOCATE, MADRAS HIGH COURT AND INDEPENDENT AUTHOR

BEST CITATION – SURIYAPRABHA KALIRAJAN, IMPACT OF CHANGING DIMENSIONS OF THE DIGITAL PLATFORM AGAINST CHILDREN AND EXIGENCY OF THE DIGITAL DATA PROTECTION ACT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 429-439, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

The Government of India is on the process of drafting the Digital Data Protection Bill 2023 for more than one year, expecting to be amended in 2025. It is need of an hour  the  At the outset, it should not be denied that children are most vulnerable group in the society to any kind of ill cause. Later it has changed its dimension into limelight roll, simultaneously the children including the teens utilized the digital platform for showcasing their talents and desires which is leading perpetrators to access them easily. Children in the present society are more interconnected through social networking than ever before in the past two decades in this millennium era. Initially different electronic Gadgets were introduced for the purpose of telecommunication, entertainment, camera purpose, so on and so forth. Now all the features given in one smart phone device and so everyone including the children experienced to the versatility of the digital world. Amongst the billions of Internet global users, the children’s experience is no longer restricted by any doors or curtains, classroom walls, or any national borders. Particularly without the knowledge of parents and Guardians these children it is taken place in their lives.

THE ROLE OF NCLT AND NCLAT IN SHAPING INSOLVENCY JURISPRUDENCE IN INDIA

AUTHOR – SHIVANGI SINGH, STUDENT AT BENNETT UNIVERSITY

BEST CITATION – SHIVANGI SINGH, THE ROLE OF NCLT AND NCLAT IN SHAPING INSOLVENCY JURISPRUDENCE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 12-26, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Insolvency and Bankruptcy Code (IBC), 2016, transformed India’s insolvency landscape, providing a much-needed framework for resolving financial distress in a time-bound and structured manner. At the heart of this transformation lie the National Company Law Tribunal (NCLT) and the National Company Law Appellate Tribunal (NCLAT), which have played a critical role in interpreting and applying the provisions of the IBC. Through landmark decisions such as Innoventive Industries Ltd. vs. ICICI Bank Ltd., Essar Steel India Ltd. vs. Satish Kumar Gupta, and Swiss Ribbons Pvt. Ltd. vs. Union of India, these tribunals have not only resolved disputes but also shaped the broader jurisprudence of insolvency law in India.

This paper delves into these pivotal rulings to uncover how they have addressed key challenges in the IBC, such as protecting creditor rights, balancing interests among stakeholders, ensuring fairness in resolution plans, and maintaining strict adherence to timelines. It highlights emerging themes, including the evolving role of the Committee of Creditors (CoC) and the tribunals’ balancing act between commercial decision-making and judicial oversight. While the NCLT and NCLAT have made significant contributions, they are not without criticism. Issues like procedural delays and accusations of overreach highlight areas needing reform. Despite these challenges, the tribunals have undeniably strengthened the IBC and provided a foundation for more predictable insolvency proceedings. This paper explores their impact, assesses their effectiveness, and reflects on what lies ahead for India’s insolvency ecosystem.

BOOK REVIEW OF DEATH BENEFITS BY J.W. BECTON

AUTHOR – PRASUN BALLABHA, STUDENT AT CHRIST UNIVERSITY, DELHI-NCR CAMPUS

BEST CITATION – PRASUN BALLABHA, BOOK REVIEW OF DEATH BENEFITS BY J.W. BECTON, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 05-11, APIS – 3920 – 0001 & ISSN – 2583-2344.

SUMMARY OF THE BOOK

An insurance company’s industrious claims adjuster, Julia Jackson, is tasked with looking into a strange death claim involving Derek Thompson, a man who appeared healthy yet passed away unexpectedly. Julia has concerns after seeing the unusually big claim made by Rebecca Thompson, Derek’s wife. Julia’s suspicions of foul play are heightened by Rebecca’s cool-headedness during their exchanges.