CASE COMMENT ON JETHU SINGH VS STATE OF RAJASTHAN

AUTHOR – ANUREET KAUR, STUDENT AT RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PUNJAB

BEST CITATION – ANUREET KAUR, CASE COMMENT ON JETHU SINGH VS STATE OF RAJASTHAN, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 184-189, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

Citation- AIR 2014 Raj 157:(2014) 4 RLW 3590

Jurisdiction- Rajasthan High Court

Bench- Pratap Krishna Lohra, J

Appellant- Jethu Singh

Respondent- State of Rajasthan

Date of Judgement- 9 July 2014

Legal Maxim Used: Damnum sine Injuria
The case of “Jethu Singh v. State of Rajasthan” holds legal importance by addressing constitutional and tort law nuances. Central to this case is the examination of legal injury, the constitutional right to business under Article 19(1)(g), and the application of the legal principle “Damnum Sine Injuria,” signifying harm without a violation of legal rights.^[1] This legal case offers profound insights into the delicate equilibrium between individual rights and public interests within the Indian legal framework. It stands as a pivotal reference for legal practitioners, scholars, and policymakers seeking a comprehensive understanding of the interplay between fundamental rights and legal principles in the realm of Indian law.

---

[1] Jethu Singh v. State Of Rajasthan, Through P.p. And Another, Rajasthan High Court, Judgment, Law, casemine.com, https://www.casemine.com , https://www.casemine.com/judgement/in/6361e49fee2af66aa0fd78b9 (last visited May 1, 2024).

ARTIFICIAL INTELLIGENCE (AI) AND CYBERCRIMES

AUTHOR – RAKESH MISHRA, PHD (LAW) – SCHOLAR ATINVERTIS UNIVERSITY, BAREILLY (U.P)

BEST CITATION – RAKESH MISHRA, ARTIFICIAL INTELLIGENCE (AI) AND CYBERCRIMES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 145-163, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

AI is “Artificial Intelligence” that is Intelligence which is artificial in nature; where Intelligence is the ability to understand, learn, think and in some way or the other take decisions.  On the other hand, Cybercrimes are crimes that include computer and/or computer networks.  With the exponential rise in the technological development the criminals are no more traditional in the manner they commit crimes. Gone are the days when people used paper files / folders to save their valuable documents and locked them in the almirah or bank lockers. Neither, people now prefer to maintain some cash in hand to meet some unexpected exigencies. With the advent of computers, digital files/folders are better preferred to be saved in digital lockers and people feel quite save with it. Even almost all banking transactions are preferred to be done online because of the lucrative ease of use which even saves time, physical hassle and also symbolises a high status.

However, in reality now we are more vulnerable to threat of digital theft and robbery because of the Artificial Intelligence and its bye-products like virus, spyware, spam, Impersonation attacks, deepfake, rapid malware generation, automated spear phishing, enhanced Botnets etc, which are increasing exponentially each day are posing great threat to the social, financial, administrative and many more aspects of governments throughout the world. This paper intends to highlight the future of cybercrime, which is based upon the emerging technologies and Artificial Intelligence. This paper also intends to study the various means the Governments around the world are opting to tackle with the problems of Cybercrime with special reference to the Government of India while critically examining the existing laws and their effectiveness and trying to find out the legal solutions to tackle with the problem of “Bad AI” using means of “Good AI” in compliance with the existing laws in India without infringement of the Fundamental Rights bestowed upon the citizens by the Constitution of India.

DELAYED JUSTICE IN MAINTENANCE CASES IN INDIA

AUTHOR – RIJUL SETH, STUDENT AT O.P. JINDAL GLOBAL UNIVERSITY

BEST CITATION – RIJUL SETH, DELAYED JUSTICE IN MAINTENANCE CASES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 141-144, APIS – 3920 – 0001 & ISSN – 2583-2344.

Introduction

Maintenance in relationship disputes has been a very controversial topic not just in India but around the world. While on the one side you will find people advocating about the benefits of maintenance and the need for it, on the other hand you will find people who consider it a bane and believe that it puts one of the partners in a relationship under huge economic duress. There is no doubt that both the parties provide strong arguments regarding maintenance, however, most people overlook one very important factor while analyzing cases of maintenance in India, people refuse to acknowledge the fact that our judiciary has been reluctant in granting maintenance on various occasions. Through this paper I would like to argue that the judiciary by not providing or delaying in providing maintenance has caused not only gross injustice but also distress to the wronged party, as in most cases women are the one seeking maintenance and the refusal or delay in granting of the same puts immense economic and social pressure on them, aspects of which will discussed and analyzed in the paper, lastly, I will also try to provide certain solutions which might help ease the process of providing maintenance and make the entire process more streamlined and better equipped to serve its purpose of granting economic support to the party who is economically disadvantaged when compared to the other party

CLARIFYING THE SCOPE OF ANTICIPATORY BAIL: INSIGHTS FROM SUSHILA AGGARWAL V. STATE (NCT OF DELHI)

AUTHOR – ADITYA ROY, STUDENT AT ST. XAVIERS UNIVERSITY

BEST CITATION – ADITYA ROY, CLARIFYING THE SCOPE OF ANTICIPATORY BAIL: INSIGHTS FROM SUSHILA AGGARWAL V. STATE (NCT OF DELHI), INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 139-140, APIS – 3920 – 0001 & ISSN – 2583-2344.

The case of Sushila Aggarwal v. State (NCT of Delhi) 2020 5 SCC 1 presented a pivotal juncture in Indian jurisprudence by addressing the contentious issues surrounding the interpretation and application of Section 438 of the Criminal Procedure Code (Cr.P.C.), pertaining to anticipatory bail. This abstract encapsulates the key findings and implications derived from the landmark judgment.

JUDICIAL DISCOURSE ON SOCIAL SECURITY VIS-À-VIS FUNDAMENTAL RIGHTS IN INDIA

AUTHOR – V. RAJENDIRAN* & DR. G. SUBHALAKSHMI**

RESEARCH SCHOLAR* & ASSISTANT PROFESSOR**, SCHOOL OF LAW, PONDICHERRY UNIVERSITY

BEST CITATION – V. RAJENDIRAN & DR. G. SUBHALAKSHMI, JUDICIAL DISCOURSE ON SOCIAL SECURITY VIS-À-VIS FUNDAMENTAL RIGHTS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 131-138, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This paper examines whether social security can be understood or recognized a basic right within India’s constitutional framework. This examination, among other things, looks at the conclusion of many pronouncements issued by the Hon’ble Supreme Court of India in which the right to social security has been defined tacitly and expressly as an intrinsic aspect of life under Article 21 of the Indian Constitution.

Keywords:  Social Security, Fundamental Rights, Directive Principles, Right to Life,Employment and unemployment.

CASE COMMENT: JUGGILAL KAMLAPAT OIL MILLS v. UNION OF INDIA (UoI) AND ORS.

AUTHOR – ANSHIKA GUPTA, STUDENT AT THE RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PUNJAB

BEST CITATION – ANSHIKA GUPTA, CASE COMMENT: JUGGILAL KAMLAPAT OIL MILLS v. UNION OF INDIA (UoI) AND ORS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 128-130, APIS – 3920 – 0001 & ISSN – 2583-2344.

Facts

There is no question that the shipment was delivered to the specific Calcutta station on 4.9.1949 and that the Railway personnel officially received it. On September 6, 1949, however, the appellant sent a letter to the Kanpur railway officials requesting that the package be redirected and delivered to the appellant in Kanpur. However, the railway officials in Kanpur requested that the appellant accept delivery of the shipment in Calcutta. On June 9, 1949, delivery was not possible in Calcutta because the oil was seized by the Food Inspector of Calcutta, acting on a directive from the Calcutta Corporation’s Health Officer, in accordance with Section 419 of the Calcutta Municipal Act. Two mustard oil samples from the tank were removed on September 17, 1949, at the request of the Municipal Magistrate, who heard the case. The samples were then transferred to the Public Analyst for examination. On September 20, 1949, The Public Analyst revealed that the samples had been tampered with. The Magistrate was therefore forced to choose whether or not to provide the Corporation’s requested orders for the oil to be destroyed. Following the appellant’s hearing, he issued an order dismissing the prayer calling for the oil to be destroyed and clearing the appellant. The Corporation petitioned the High Court of Calcutta with a revision against the ruling that denied its request to destroy the oil. The Court directed the destruction of the oil on the basis of the report of Public Analyst.

ENHANCING THE INDIAN MUSIC LICENSING ECOSYSTEM: LEGAL REFORMS, TECHNOLOGICAL INTEGRATION, AND ARTIST EMPOWERMENT

AUTHOR – SIDDHARTHA MISHRA, ADVOCATE AT ALLAHABAD HIGH COURT

BEST CITATION – SIDDHARTHA MISHRA, ENHANCING THE INDIAN MUSIC LICENSING ECOSYSTEM: LEGAL REFORMS, TECHNOLOGICAL INTEGRATION, AND ARTIST EMPOWERMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 119-127, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This research paper explores the legal landscape of music licensing in India, examining the existing framework, key stakeholders, challenges, and potential reforms. It highlights the impact of technological advancements and digital platforms on the music licensing ecosystem, drawing comparisons with international standards to suggest improvements. Through an analysis of case studies, legal precedents, and empirical data, the paper aims to provide a comprehensive overview of the current state of music licensing in India and propose actionable recommendations for enhancing the system to ensure fair compensation and protection of artists’ rights.

A STUDY ON CHILD PORNOGRAPHY AND ITS ADVERSE IMPACT ON THE SOCIETY

AUTHORS – MADHUMITHA & VEERA ABINESH KUMAR, SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES (SIMATS)

BEST CITATION – MADHUMITHA & VEERA ABINESH KUMAR, A STUDY ON CHILD PORNOGRAPHY AND ITS ADVERSE IMPACT ON THE SOCIETY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 106-118, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Child pornography is the electronic publication and transmission of obscene material of children. Child pornography has increased in recent years due to its easy access to the internet and readily available videos on the internet. Child pornography is the most vicious crime that occurs and has led to a variety of other crimes, including sex trips and child sexual abuse. The development of child pornography is driven by  two main factors. It is the introduction and availability of home video, video, digital cameras, computers, and software that make child pornography production relatively inexpensive, and secondly the development of internet technology. This has made the  production and distribution of this material surprisingly high. The Protection of Children from Sexual Offences (POCSO) Act, 2012 focuses on the crimes of sexual abuse and sexual exploitation of children through stringent legal provisions and POCSO e- box is developed which is an online complaint management system for easy compliance and direct reporting of sexual offences against children. The aim of this research is to analyse the impact of watching child pornographic videos among adolescents. The researcher has followed empirical research and a convenient sampling method. A total of 200 samples have been collected. The results show that watching child pornographic videos among adolescents have an adverse impact on thier sexual behaviour and it also affect their relationship with others.

KEYWORDS – Child pornography, Internet, technology, child sexual abuse, POCSO Act

THE SHIFTING PARADIGM: FROM CAVEAT EMPTOR TO CAVEAT VENDITOR

AUTHOR – SARRAH NAYAR, STUDENT OF LAW AT VES COLLEGE OF LAW, UNIVERSITY OF MUMBAI

BEST CITATION – SARRAH NAYAR, THE SHIFTING PARADIGM: FROM CAVEAT EMPTOR TO CAVEAT VENDITOR, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 98-105, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

The doctrine of caveat emptor, which puts the onus on the buyer to examine goods before purchase, has seen a steady erosion in modern commerce. As transactions grow more complex, there is a discernible shift towards caveat venditor – where sellers have an ethical and legal obligation to disclose all material facts about their products to facilitate informed buyer decisions. This evolution is reflected in statutory provisions like the Sale of Goods Act, 1930 and the Consumer Protection Act, 2019 in India, which impose liabilities on sellers for defective goods or misleading representations. Case laws too recognize the seller’s duty of due diligence and full disclosure, with silence or concealment amounting to fraud. The transition signals diminishing relevance of caveat emptor in favour of greater consumer protection by mandating transparency from sellers. However, it does not absolve buyers from reasonable examination of goods. The shift balances the inherent asymmetry between buyers and sellers, promoting fairness and nurturing confidence in commercial transactions.

KEYWORDS: Caveat Emptor, Caveat Venditor, Contract, Sale of Goods Act

CASE NOTE ON MODI ENTERTAINMENT NETWORK V. W.S.G. CRICKET PVT. LTD., SINGAPORE SUPREME COURT OF INDIA (2003)

AUTHOR – ROHIT SHIBU, STUDENT AT O.P. JINDAL GLOBAL UNIVERSITY

BEST CITATION – ROHIT SHIBU, CASE NOTE ON MODI ENTERTAINMENT NETWORK V. W.S.G. CRICKET PVT. LTD., SINGAPORE SUPREME COURT OF INDIA (2003), INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 93-97, APIS – 3920 – 0001 & ISSN – 2583-2344.

Procedural History The respondents in the particular case moved the High Court of Justice, Queen’s Bench Division seeking remedies for the damages as had been stipulated due to the alleged breach of contract, whereas the appellants first approached the Bombay High Court. The appellants, in an effort to gain an anti-suit injunction against the respondents, in order to restrain the procedures in the English Courts, seeked leave for such remedy. The interim relief was then granted to them by the Bombay High Court, but was later vacated by the Division Bench of the Bombay High Court. It is on the backdrop of these procedural nuances that the present case has been brought forth.