ANALYSIS OF OPEN-SOURCE LICENCES AND ITS IMPACT ON EVOLUTION OF COPYRIGHT REGIME

AUTHORS – RATN PRIYA CHAUHAN* & DR. LAKSHMIPRIYA VINJAMURI**, STUDENT* & ASSISTANT PROFESSOR** AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

BEST CITATION – RATN PRIYA CHAUHAN & DR. LAKSHMIPRIYA VINJAMURI, ANALYSIS OF OPEN-SOURCE LICENCES AND ITS IMPACT ON EVOLUTION OF COPYRIGHT REGIME, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 400-405, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

For software development, two property regimes can be identified. On the one hand, corporations can establish a Private Regime that prevents any external parties from accessing the software assets of the company. It is demonstrated how, over the past 20 years, the protective tools of secrecy, copyright, and patent have been significantly enhanced. Conversely, a Public Regime of hackers can be identified, started by people, groups, or companies, where source code is shared openly. It is suggested that copyright is used in an innovative way in this instance. Authors assert their ownership rights and create “open source licences” that permit the public to access the code while controlling who may use it. A “controlled commons” is established. The analysis is divided into three main sections: the most significant open source licences to date, the issue of potential incompatibility between them (particularly with regard to the widely used General Public Licence), and the potential fragmentation into many user communities.

TAXATION SYSTEM IN INDIA

AUTHORS – AYUSHI KASHYAP* & UJJWAL KUMAR SINGH**, STUDENT* & ASSISTANT PROFESSOR** AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

BEST CITATION – AYUSHI KASHYAP & UJJWAL KUMAR SINGH, TAXATION SYSTEM IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 406-417, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The objective of this research is to thoroughly analyse many facets of the tax system in India.
According to the author’s observation, although there is a well-defined allocation of taxing authorities between the Central government and the State governments as stated in the Constitution, the Indian tax system has been very The tax system is intricate since it involves many taxes, numerous tax compliance regulations and procedures, ineffective tax administration, and various other concerns. Furthermore, this study aims to examine the historical progression of the Indian tax system across three distinct time periods: taxes in ancient India, taxes during British colonial rule, and taxes in post-independence India. This analysis is complemented by a thorough assessment of existing literature on the issue. The Constitution of India explicitly outlines the taxing rights of both the Union government and the States in List 1 and List 2 of the Seventh Schedule. However, these basic tax laws have been modified throughout time by Constitutional Amendments. This research paper includes a description of various types of taxes, including direct taxes like Income tax, Corporation tax, Wealth tax, Gift tax, Estate duty, and other taxes on capital and property. It also covers indirect taxes such as Customs duties, Excise duties, Sales tax, Service tax, Value added tax (VAT), and Goods and services tax (GST). The study report ultimately outlines key concerns and obstacles pertaining to tax changes in India, while also proposing essential measures that the government should do to enhance the efficiency of the tax system.

Key Words: Critical issues, Direct taxes, Historical evolution, Indirect taxes, Tax structure.

A STUDY OF MERCY PETITIONS IN INDIA: PROCESSES, OUTCOMES, AND IMPLICATIONS

AUTHOR – PARTH NARAYAN SINGH, STUDENT AT UTTARANCHAL UNIVERSITY

BEST CITATION – PARTH NARAYAN SINGH, A STUDY OF MERCY PETITIONS IN INDIA: PROCESSES, OUTCOMES, AND IMPLICATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 418-424, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

In India, mercy petitions play a vital role in balancing governance, compassion, and justice by serving as a conduit between the executive and judiciary branches. People facing harsh sentences, including the death penalty, can petition the President of India or the governors of individual states for clemency. As a buffer against possible judicial errors and harsh sentences, the mercy petition process emphasizes human rights and humanitarian considerations; it is based on legislative foundations from the colonial era and has been refined through constitutional changes and judicial interpretations.
Articles 72 and 161 of the Indian Constitution, which provide clemency to the President and Governors, are emphasized in the study, which examines the legal foundation supporting mercy petitions. A decision is made by the President or Governor after the review process has gone through several levels, including recommendations from the judiciary, police, and jail officials.
Significant case studies like Kehar Singh, Dhananjoy Chatterjee, and Devender Pal Singh Bhullar demonstrate how humanitarian, social, political, and legal considerations impact results. These judgments are greatly influenced by public opinion and the media, which represent the ideals of society.
Establishing clear criteria, strengthening documentation and reporting, and maintaining time-bound processes are some recommendations for making the mercy petition process more transparent and equitable. To bring the Indian mercy petition procedure in line with international human rights norms and to improve the delivery of justice, there must be public discussion and legislative changes backed by thorough case study evaluations.

ABSOLUTE LIABILITY IN INDIA: UNION CARBIDE ANALYSIS AND THE ROAD AHEAD

AUTHORS- RUDRAKSH SINGH SISODIA & KRISH NEGI, STUDENTS AT RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PUNJAB(PATIALA)

BEST CITATION – RUDRAKSH SINGH SISODIA & KRISH NEGI, ABSOLUTE LIABILITY IN INDIA: UNION CARBIDE ANALYSIS AND THE ROAD AHEAD, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 337-349, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The case of Union Carbide Corporation v. Union of India stands as a significant milestone in the intersection of corporate liability and state sovereignty, particularly in the context of industrial disasters. This commentary aims to dissect the legal intricacies and societal implications stemmingfrom this landmark case.

Union Carbide Corporation, an American multinational corporation, owned and operated a chemical plant in Bhopal, India. In December 1984, a catastrophic gas leak occurred at the plant, resulting in thousands of deaths and widespread injuries. The Union of India filed a lawsuit against Union Carbide Corporation, seeking compensation for the victims and holding the corporation accountable for the environmental and human damages caused by the disaster.

The legal battle between Union Carbide Corporation and the Union of India revolved around complex issues of jurisdiction, corporate liability, and the extent of governmental authority in regulating multinational corporations. The Indian government contended that Union Carbide Corporation should be held liable for the disaster under principles of strict liability and negligence, arguing that the corporation failed to maintain safety standards at its plant. Conversely, Union Carbide Corporation challenged the jurisdiction of the Indian courts and disputed the extent of its liability, citing contractual agreements and asserting that the primary responsibility lay with its Indian subsidiary.

The resolution of Union Carbide Corporation v. Union of India carries profound implications for corporate accountability, environmental justice, and the balance of power between sovereign states and multinational corporations. The case underscored the need for robust regulatory frameworks to govern the activities of multinational corporations operating in foreign jurisdictions, particularly in industries with high potential for environmental harm. Moreover, it highlighted the challenges inherent in seeking justice and restitution for victims of industrial disasters, particularly in cases involving transnational corporations with significant economic resources and legal firepower. While the legal battle between Union Carbide Corporation and the Union of India resulted in a settlement, the case has been subject to criticism regarding the adequacy of compensation for the victims and the efficacy of legal mechanisms in holding corporations accountable for their actions. Furthermore, the case underscores the broader issues of corporate power and the limitations of state sovereignty in regulating global economic actors. Moving forward, the lessons learned from Union Carbide Corporation v. Union of India must inform efforts to strengthen international legal frameworks and corporate accountability mechanisms, ensuring greater protection for human rights and environmental integrity.

RIGHTS OF INDIGENOUS PEOPLE

AUTHORS – ARSHDEEP KAUR* & KHALEEQ AHMAD**, STUDENT & ASSISTANT PROFESSOR AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY

BEST CITATION – ARSHDEEP KAUR & KHALEEQ AHMAD, RIGHTS OF INDIGENOUS PEOPLE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 322-331, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This article focuses on the rights of indigenous people and on resources in India, which is a main theme which require to be understood. As a branch of anthropology, It focuses on the country’s Indigenous peoples over 70 tribes that are often referred to as Adivasis. arguably the greatest freedom enshrined in the Indian Constitution is that of Aboriginal education to uphold their rights.

However, it is very essential to emphasize that the article recognize the fact of discrimination of these communities and rather frequent violating of their rights. This research reveals a misconception whereby, industrial and development related projects which can be favorable as a mean to the growth of an economy comes at the same time with the factor which is the expulsing of the indigenous people from their original homes. It concerns itself with aspects of compensation, compensation for which is often inadequate, and lives which require reconstruction due to projects sited in those areas. There is, however, a more positive side to the article sampled, which sheds light on how the Indian constitution provides for proper resource management structures that supposedly accords with the knowledge and rights of indigenous folks. Therefore, by combining both viewpoints, a more holistic and effective approach towards the utilization of resources can be developed.

KEYWORDS: Sons, daughters, tribes, indigenous, legal representation, common properties.

UNDERSTANDING THE DOCTRINE OF RES JUDICATA IN INDIAN PERSPECTIVE

AUTHORS – HARSH RAJ* & UJJWAL KUMAR SINGH**, STUDENT & ASSISTANT PROFESSOR AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY

BEST CITATION – HARSH RAJ & UJJWAL KUMAR SINGH, UNDERSTANDING THE DOCTRINE OF RES JUDICATA IN INDIAN PERSPECTIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 332-336, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

A cornerstone of Indian law is the idea of res judicata, which guarantees the finality of court rulings and prohibits the retrial of cases that have previously been decided by competent courts. Its name, which comes from the Latin maxim “res judicata pro veritate accipitur,” is intended to encourage judicial efficiency by preventing needless court cases. Res judicata, which is codified in Section 11 of the Code of Civil Procedure, 1908, has two main purposes: first, it shields people from the hassle of having to deal with repeated lawsuits for the same issue; second, it preserves the authority and dignity of court decisions by considering them as definitive. Through significant rulings, the Indian judiciary has developed and improved the theory since independence. The finality of the decision, the participation of the same parties, the same cause of action, and the fact that the matter is directly and materially in dispute are important guiding elements. The doctrine covers arbitral proceedings, administrative rulings, and criminal cases. Application challenges come from changing legal environments, recognising similar problems, and overseeing public interest lawsuits. Despite these difficulties, res judicata is nonetheless essential for preserving the stability, efficacy, and integrity of the legal system since it prevents disputes from being reopened after they have been definitively settled.

Keywords– Res Judicata,Court, Code, Civil, Doctrine

ROLE OF ARBITRATION IN SHAREHOLDER DISPUTES

AUTHOR – DIKSHA RAO, STUDENT ATCHRIST (DEEMED TO BE UNIVERSITY), PUNE, LAVASA, CAMPUS

BEST CITATION – DIKSHA RAO, ROLE OF ARBITRATION IN SHAREHOLDER DISPUTES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 315-321, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The concept of arbitrability in India, particularly concerning shareholder disputes, has garnered significant attention and debate since the enactment of the Arbitration and Conciliation Act 1996. Understanding arbitrability’s definition is crucial as it delineates the scope of disputes amenable to arbitration versus those falling within the exclusive jurisdiction of state courts. While Indian courts have established criteria for determining arbitrability, the issue remains complex and varies across jurisdictions. This article examines the divergent perspectives on arbitrability, particularly focusing on shareholder disputes, which have become increasingly common amidst India’s economic growth. The enforcement and interpretation of shareholder agreements (SHA) vis-à-vis a company’s articles of association (AOA) have led to contrasting judicial interpretations, further complicating the landscape. Recent Supreme Court rulings, notably in Booz Allen & Hamilton Inc v SBI Home Finance Inc and Vidya Drolia v. Durga Trading Corporation, have attempted to provide clarity on arbitrability criteria, emphasizing distinctions between rights in personam and rights in rem. However, challenges persist, especially regarding the enforceability of arbitration provisions solely within SHAs. Additionally, shareholder disputes intersect with statutory remedies under the Companies Act 2013, particularly in cases of oppression and mismanagement, which are exclusively adjudicated by specialized tribunals. Despite judicial efforts to address arbitrability, the intricate nature of shareholder disputes necessitates a nuanced, fact-based approach, balancing the parties’ contractual autonomy with statutory safeguards. Thus, while arbitration offers a potential avenue for dispute resolution, the unique circumstances of each case demand careful consideration to ensure equitable outcomes.

Keywords – Arbitrability, Arbitration and Conciliation Act 1996, Shareholder Disputes, Legal Framework, Arbitration Agreement, Supreme Court of India, Companies Act 2013, Oppression and Mismanagement.

NEED OF ALTERNATIVE DISPUTE RESOLUTION (ADR): KEEPING DISPUTES OUT OF COURT ROOM

AUTHORS – JAHANVI BHARDWAJ* & PROF. (DR.) RAJESH BAHUGUNA**

*STUDENT, LAW COLLEGE DEHRADUN, FACULTY OF UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND

** PRO VICE-CHANCELLOR, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND

BEST CITATION – JAHANVI BHARDWAJ & PROF. (DR.) RAJESH BAHUGUNA, CONFLICT OF LAW RULES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 305-314, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

It is the spirit and not the form of law that keeps justice alive.”LJ Earl Warren .

Life is full of arguments, but survival is key. Neutral conflicts do have beauty. Resolving them amicably is what we call dispute resolution. Traditional negotiation uses ADR to resolve disputes. The Indian legal system uses ADR to resolve interparty conflicts more efficiently and cheaply. The name implies that ADR is an alternative to the legal system. Traditional aggressive litigation that causes stress is replaced by this. ADR strives to resolve disputes promptly and effectively in overburdened courts^[1]. ADR programmes increase globally, enabling new system uses and designs. Effective modules improve lives and achieve societal goals. This study will examine ADR processes, their provisions in India and abroad, and their distinctiveness, execution, and problems that prevails in India along with suitable solutions ^[2].

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[1] 1P.C.RAO &WILLIAM SHEFFIELD, ALTERNATIVE DISPUTE RESOLUTION, 1997 EDITION , PG NO.45

[2] 222nd Law Commission Report

CONFLICT OF LAW RULES

AUTHORS – GOVIND RAJ SUTHAR, KUMAR KARTIKEY & NIVE RAJ, STUDENTS AT LLOYD LAW COLLEGE, GREATER NOIDA

BEST CITATION – GOVIND RAJ SUTHAR, KUMAR KARTIKEY& NIVE RAJ, CONFLICT OF LAW RULES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 292-304, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The Conflict of laws in international arbitration is a complex issue which has to be carefully addressed This article examines the complexities and challenges of conflicts of laws in international arbitration on the basis of four different choice-of-law issues: substantive law governs the merits of the parties’ dispute, substantive law governs the arbitration agreement, procedural law applies to arbitral proceeding, and conflict of laws rules. This paper seeks to deepen the perspectives of the legal community generally and practitioners, arbitrators and parties to international disputes more specifically by walking through a single conflict-of-laws problem-how choice-of-law analysis might operate in a dispute between autonomous states.

CORPORATE RECOVERY AND RESTRUCTURING AS IMPACTED BY INSOLVENCY AND THE BANKRUPTCY LAW

AUTHOR – HARSHITA JOSHI, STUDENT AT AMITY UNIVERSITY, LUCKNOW

BEST CITATION – HARSHITA JOSHI, CORPORATE RECOVERY AND RESTRUCTURING AS IMPACTED BY INSOLVENCY AND THE BANKRUPTCY LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 283-291, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT.

The ruin and Bankruptcy Code (IBC), enforced in 2016, is a comprehensive law in India that consolidates and reforms the rules governing the reorganization and ruin resolution of commercial realities, cooperation hookups, and individualities in a timely manner. It seeks to maximize the value of means, encourage entrepreneurship, assure credit vacuity, and balance the interests of all stakeholders. Bankruptcy is a fiscal state in which an individual or company cannot pay off scores as they come due because of lack finances or means. Bankruptcy is a formal protestation of an existent’s incapability to repay debts, constantly following the failure of bankruptcy resolution styles. The IBC is significant because it provides an systematized and effective procedure for addressing bankruptcies that was preliminarily bestrew across several legislations. It aids in the speedy resolution of bankruptcy proceedings, accordingly reducing non-performing means (NPAs) and aiding in the early recovery of bad loans. Bankruptcy professionals, agencies, and information serviceability are among the businesses registered under the Insolvency and Bankruptcy Board of India (IBBI), which also monitors the bankruptcy procedures and regulates the IBC. Within the confines of the IBC, the IBBI is empowered to establish and apply regulations. The law is broken up into four sections primary Insolvency Resolution and Liquidation for Corporate Person Insolvency Resolution and Bankruptcy for individualities and Partnership enterprises Regulation of Insolvency Professionals, Agencies, and Information Utilities.