NAVIGATING GLOBAL TRADE: UNRAVELLING THE DYNAMICS OF LETTERS OF CREDIT AND BILLS OF EXCHANGE

AUTHOR – NAYAN AGRAWAL, STUDENT AT AMITY UNIVERSITY, CHHATTISGARH

BEST CITATION – NAYAN AGRAWAL, NAVIGATING GLOBAL TRADE: UNRAVELLING THE DYNAMICS OF LETTERS OF CREDIT AND BILLS OF EXCHANGE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1228-1235, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

In the realm of international trade, letters of credit (LCs) and Bills of exchange (BOEs) play pivotal roles in facilitating smooth transactions between parties across borders. Understanding the dynamics, intricacies, and legal implications of these financial instruments is paramount for businesses engaged in global trade. This research paper delves into the complexities surrounding LCs and BOEs, exploring their historical evolution, functions, advantages, and challenges. Additionally, it analyzes the legal frameworks governing these instruments, examining their roles in mitigating risks and ensuring trust among parties involved in cross-border trade. Through empirical analysis and case studies, this paper aims to provide insights into best practices for utilizing LCs and BOEs effectively, navigating the complexities of international trade transactions, and fostering seamless global commerce.

KEYWORDS: international trade, commerce, bills of exchange, letters of credit, transaction.

EXPLORING THE LEGALITY OF LIVE IN RELATIONSHIP IN INDIA WITH NEED AND CHALLENGES (AN OVERVIEW)

AUTHOR – AKHAND SHIKHAR AWASTHI, STUDENT AT AMITY UNIVERSITY, LUCKNOW UTTAR PRADESH

BEST CITATION – AKHAND SHIKHAR AWASTHI, EXPLORING THE LEGALITY OF LIVE IN RELATIONSHIP IN INDIA WITH NEED AND CHALLENGES (AN OVERVIEW), INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1222-1227, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

In today’s rapidly evolving world, technological and industrial progress has been occurring at an unprecedented rate over the past few decades, profoundly transforming every aspect of our lives. Globalization has further accelerated these changes, impacting nearly every facet of our social existence, including family structures, marriage, and intimate relationships. Marriage, traditionally recognized both legally and socially as the formal union between couples, holds significant cultural importance in our society, where social bonds are particularly strong.

THE DIGITAL REVOLUTION THOUGH CHRISTOPHER NOLAN

AUTHORS – VATSHAL AMBASTHA¹ & MR. KRISHNA KANT TIWARI², STUDENT¹ & ASSISTANT PROFESSOR² AT AMITY SCHOOL OF COMMUNICATION, AMITY UNIVERSITY, NOIDA (U.P.)

BEST CITATION – VATSHAL AMBASTHA & MR. KRISHNA KANT TIWARI, THE DIGITAL REVOLUTION THOUGH CHRISTOPHER NOLAN, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1204-1212, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The digital revolution has profoundly impacted various facets of contemporary society, including the realms of art, culture, and communication. This dissertation project seeks to investigate the transformative effects of the digital era through the cinematic works of acclaimed filmmaker Christopher Nolan. By employing a multidisciplinary approach that integrates film studies, digital media theory, and cultural analysis, this research aims to elucidate how Nolan’s oeuvre reflects, critiques, and contributes to the on-going digital revolution. Through an in-depth examination of key films such as “Inception,” “Interstellar” and “Tenet,” this study will explore how Nolan navigates the intersection of technology, storytelling, and human experience. Furthermore, this research will examine the reception and cultural impact of Nolan’s films within the context of the digital age, considering the influence on popular discourse, audience engagement, and industry practices. Ultimately, this dissertation project aspires to contribute to a deeper understanding of the digital revolution’s impact on contemporary cinema and culture, using Christopher Nolan’s body of work as a lens through which to explore the complexities of technological change, narrative innovation, and human creativity in the digital age.

PRIVACY CHALLENGES IN TELECOMMUNICATION ACT 2023: A COMPARATIVE LEGAL ANALYSIS

AUTHOR – SHASWAT JENA, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, UTTAR PRADESH

BEST CITATION – SHASWAT JENA, PRIVACY CHALLENGES IN TELECOMMUNICATION ACT 2023: A COMPARATIVE LEGAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1213-1221, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

In December 2023, the anticipated Telecommunication Act 2023 was executed, prioritising the development of a strong security framework to protect essential mobile networks from cyber threats and unauthorised access. Telecommunication networks, being prime targets for cybersecurity threats, necessitate stringent data protection measures to mitigate risks effectively. This research emphasizes procedural shortcomings identified by the various judicial trends and examines instances such as Section 66A of the Information Technology Act and that its use in cyber weapons like Pegasus^[1] exceeds the authority, falling into the realm of hacking, a criminal offense and essentially an attack on the basic right of one’s privacy which is an integral part of Right to life. It is imperative to ensure that data processed within the telecommunications domain adheres strictly to prevailing data protection laws. This includes obtaining explicit authorization for any deviations from compliance and ensuring that all processing activities align with principles of legitimacy, necessity, and proportionality.

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[1] Nilesh Navalakha v. Union of India, 2021 SCC OnLine Bom 56

IPR ISSUES IN ARTIFICIAL INTELLIGENCE: A COMPARATIVE STUDY

AUTHOR – SHUBHANGI MISHRA, AMITY LAW SCHOOL, NOIDA, AMITY UNIVERSITY, UTTAR PRADESH

BEST CITATION – SHUBHANGI MISHRA, IPR ISSUES IN ARTIFICIAL INTELLIGENCE: A COMPARATIVE STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1169-1204, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

As Artificial intelligence (AI) continues to evolve, Intellectual Property law is grappling with how to protect creations and inventions derived from it. This topic has gained practical importance due to the intense AI-related business activity and regulatory measures taken by international organisations and legislators. As AI technology advances rapidly, it is crucial to explore the complicated realm of Intellectual Property Rights concerns. The rapid growth of AI business and the new promulgation of international regulations have significantly enhanced the practical importance of this topic.  It is important to investigate this and find solutions for any possible issues. For instance, we must study the variations in legal techniques used in different countries and how they affect innovation, including patents, copyrights, trademarks, and trade secrets.

Furthermore, it is essential to understand how AI can create, use, or modify intellectual property, leading to unique legal challenges. This includes issues such as ownership, liability, infringement, and fair use of AI-generated content. It is necessary to analyse the worldwide legal frameworks that govern Intellectual Property Rights (IPR) in relation to Artificial Intelligence (AI). This analysis should take into account ethical and policy implications and provide guidance for future advancements in IPR laws. The objective is to promote innovation while ensuring that ethical concerns are taken into consideration.

KEYWORDS: Artificial Intelligence, Digital Technology, Intellectual Property Rights, Copyright, Trade Secrets, Patents, Trademarks, Legal Frameworks, Comparative Study, Innovation, Global perspectives, India.

CAPACITY TO SUE AND BE SUED OF TRADE UNIONS

AUTHOR – VIKHRAM SOMNAT SESHADRI, STUDENT AT GUJARAT NATIONAL LAW UNIVERSITY

BEST CITATION – VIKHRAM SOMNAT SESHADRI, CAPACITY TO SUE AND BE SUED OF TRADE UNIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1159-1168, APIS – 3920 – 0001 & ISSN – 2583-2344.

Introduction

The capacity of trade unions to sue and be sued occupies a pivotal position within the intricate intersection of labour law and tort law. Trade unions, representing workers’ interests, play an indispensable role in shaping labour relations, advocating for employee rights, and promoting collective bargaining. However, this multifaceted role often raises legal questions regarding their capacity as legal entities in the context of civil litigation. The examination of this capacity revolves around the core principles of legal personality, tort liability, standing, and the delicate balance between the rights of individuals and the collective interests of workers.

MEDICAL NEGLIGENCE: A CRITICAL ANALYSIS

AUTHOR – TOOBA NOOR, STUDENT AT AMITY LAW SCHOOL, NOIDA  

BEST CITATION – TOOBA NOOR, MEDICAL NEGLIGENCE: A CRITICAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1152-1158, APIS – 3920 – 0001 & ISSN – 2583-2344.

UNDER THE SUPERVISION OF

DR. DEVENDRA SINGH, PROFESSOR, AMITY LAW SCHOOL, NOIDA

Abstract

This research paper deals with the worldwide issue of medical negligence. The term “medical negligence” also known as “medical malpractice” is basically defined as the non-fulfilment of the standard of care expected from a medical practitioner by their patients. This non-fulfilment of an expected standard of care may cause harm to the patient physically, emotionally, mentally or economically.

“Medical negligence” is constituted when elements of- duty of care, breach of duty, causation and damages, are present. It is basically a provide-consumer relationship. And some of the laws of “medical negligence” are also mentioned the consumer protection act. Therefore, one of the most important step that should be taken to eliminate medical negligence from the society includes establishing a good provider-patient relationship which would also include better communication between them in order to understand the needs of the patient carefully and not cause any kind of misunderstanding, communication from the side of the patient should also be clear as it is necessary that the patient disclose any kind of information that is required for their medical treatment.. Another step includes correct diagnosis, many times the main cause of “medical negligence” is wrong diagnosis. Being the first step of the treatment, diagnosis should be done correctly as it can change the whole process of therapy. There are few more steps and policies that I have mentioned in this research paper, we can follow to overcome this global issue. With the growing awareness among the population, “medical negligence” has become a global issue. This research paper provides various aspects of the topic “medical negligence” such as what constitutes it, what are the types of medical negligence, what are the outcomes of it and what steps can be taken to avoid such kind of phenomena.

ILLEGITIMACY AND RIGHTS IN HINDU LAW

AUTHOR – PURWA BALA, LLM STUDENT AT IILM UNIVERSITY, GREATER NOIDA, U.P, INDIA

BEST CITATION – PURWA BALA, ILLEGITIMACY AND RIGHTS IN HINDU LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1145-1151, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The status of an illegitimate child was not as unusual in Hindu law as it was in Common law, but this was altered in codified Hindu law, most likely as a result of English dominance during India’s colonial era. Specifically, the paper examines how Hindu law treats illegitimate children and examines the historical connection between marital status and validity, as well as the constitutional and societal foundations of the law. This relationship has been maintained for millennia across nations for moral and legal reasons; yet, experts in the subject have even justified it as a means of maintaining civilization by preserving its essential component—a traditional household. The court system, administration, and legislation in India are all part of the same apparatus that is obsessed with upholding the ideal household, albeit with notable exceptions. They have shown disdain for any alternative, despite the possibility that the rights of illegitimate children are incidental effects. As a result, this difference now contravenes Indian law. Crucially, the social rationale for preserving this distinction has already become out of date with the adoption of new reproductive technologies (such as assisted reproduction) or family structures (same-sex couples). Consequently, our research suggests that the differences in legislation should be eliminated to benefit the three parties involved in the illegitimacy association: the child, the unmarried parents, and the unmarried parent.

Keywords: Hindu, marital, Indian, illegitimacy.

CONSUMER PROTECTION IN INSURANCE: A CRITICAL ANALYSIS ON POLICY WORDING & DISCLOSURE

AUTHOR – HRISHIDHA BHATIA, AMITY LAW SCHOOL, NOIDA, AMITY UNIVERSITY

BEST CITATION – HRISHIDHA BHATIA, CONSUMER PROTECTION IN INSURANCE: A CRITICAL ANALYSIS ON POLICY WORDING & DISCLOSURE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1081-1144, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This research critically examines the intricate relationship between consumer protection, policy wording, and disclosure within the insurance sector. Employing a doctrinal research methodology, the study delves into the legal frameworks, case law, and regulatory guidelines that govern these aspects, focusing particularly on how they influence consumer understanding and dispute resolution. The investigation highlights the paramount importance of clear policy wording and robust disclosure practices as fundamental mechanisms for protecting consumers in insurance transactions. It analyzes how ambiguities in policy documents and inadequate disclosures can lead to significant challenges for consumers, often resulting in disputes and dissatisfaction. Through a comprehensive review of legislation and judicial decisions across various jurisdictions, the study seeks to identify best practices and pinpoint areas where current regulations might be falling short. It proposes that enhanced clarity in policy wording and the enforcement of stringent disclosure requirements are crucial for reducing disputes and improving consumer trust in the insurance industry. The research explores the role of regulatory bodies in enforcing these standards and the impact of these regulations on the overall effectiveness of consumer protection measures. By synthesizing data from primary and secondary legal sources, the study provides a detailed assessment of the legal landscape as it pertains to consumer protection in insurance. The findings suggest that greater regulatory focus and improved consumer education on insurance policy terms are essential for fostering a more transparent and equitable insurance market.

A CASE STUDY ON SERI INFRASTRUCTURE FINANCE VS TUFF DRILLING ((2018) 11 SCC 470)

AUTHOR – KALYANII TIPULE, STUDENT AT MAHARASHTRA NATIONAL LAW UNIVERSITY NAGPUR

BEST CITATION – KALYANII TIPULE, A CASE STUDY ON SERI INFRASTURE FINANCE VS TUFF DRILLING ((2018) 11 SCC 470), INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1075-1080, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The case study “SERI Infrastructure Finance v. Tuff Drilling: Jurisdiction of Arbitral Tribunals under Section 25(a) of the Arbitration & Conciliation Act, 1996” presents a landmark Supreme Court ruling addressing the tribunal’s authority to reconsider termination orders. The case originated from Srei Infrastructure Finance Ltd.’s legal action against Tuff Drilling Private Limited under arbitration proceedings. Despite several opportunities, Tuff Drilling failed to submit its Statement of Claim, leading to termination of proceedings under Section 25(a) of the Act. Upon the claimant’s application for recall, the tribunal rejected it, prompting a revision application before the Calcutta High Court. The High Court, recognizing the tribunal’s power to review its orders, remitted the matter for reconsideration. Dissatisfied, Tuff Drilling appealed to the Supreme Court, which examined the jurisdiction of arbitral tribunals under Section 25(a). The court analyzed relevant provisions, precedents, and legislative intent, concluding that tribunals possess the authority to recall termination orders upon sufficient cause. This ruling clarifies procedural review in arbitration, ensuring fairness and procedural integrity. It sets a precedent for future cases, emphasizing the importance of considering circumstances before terminating proceedings. Despite strengths in promoting fairness and clarity, challenges like legislative ambiguity and potential for delay warrant attention. Nonetheless, the case underscores India’s commitment to robust arbitration frameworks, promoting access to justice and reinforcing its position in international arbitration.