THE FAIR USE DOCTRINE, COPYRIGHT COMPLIANCE AND TENANT IMPROVEMENTS IN REIT LEASING AGREEMENTS: BALANCING CREATIVE EXPRESSION AND LEGAL OBLIGATIONS

AUTHOR – DEVADUTT K P, STUDENT AT CHRIST UNIVERSITY

BEST CITATION – DEVADUTT K P, THE FAIR USE DOCTRINE, COPYRIGHT COMPLIANCE AND TENANT IMPROVEMENTS IN REIT LEASING AGREEMENTS: BALANCING CREATIVE EXPRESSION AND LEGAL OBLIGATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 539-544, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract:

The convergence of the Fair Use Doctrine, copyright compliance, and tenant improvements in Real Estate Investment Trust (REIT) leasing agreements presents a multifaceted legal landscape that calls for a delicate balance between creative expression and legal obligations. This research paper embarks on a comprehensive exploration of these intricate interplays. The first section delves into the Fair Use Doctrine’s principles, emphasizing the four critical factors governing its applicability and their application in the realm of commercial leasing agreements.

The subsequent sections scrutinize the implications of tenant improvements within REIT leasing agreements, recognizing the potential conflicts between tenant creative freedom and copyright protections. By examining case studies, legal precedents, and alternative dispute resolution mechanisms, the paper elucidates strategies for crafting leasing agreements that foster creativity while respecting copyright obligations. Finally, through best practices and real-world examples, it delineates proactive strategies for balancing the dichotomy, offering valuable insights for both REITs and tenants navigating this intricate legal terrain.

In an ever-evolving legal landscape, this research paper offers practical guidance, bridging the gap between creative expression and legal duties, to foster a harmonious coexistence between REITs and tenants while maintaining a principled commitment to copyright compliance and intellectual property rights. Keywords: Fair Use Doctrine, Copyright Compliance, Tenant Improvements, REIT Leasing Agreements, Creative Expression, Legal Obligations

ANIMAL SACRIFICE: A BELIEF OR MISUTILISED PRACTICE

AUTHOR – ASTHA DAS, STUDENT AT CHRIST UNIVERSITY

BEST CITATION – ASTHA DAS, ANIMAL SACRIFICE: A BELIEF OR MISUTILISED PRACTICE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 526-530, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The abstract explores the historical and cultural significance of animal sac, examining its practice in ancient Greece and Rome as well as in Vedic and Hindu traditions in India. It highlights the role of sac as a means of communication with divine beings, seeking their favor, protection, or appeasement. The study delves into the rituals, materials, timing, and techniques associated with sacrifice across different religious contexts. Furthermore, it discusses the concept of vegan utilitarianism, analyzing its divergence from conventional veganism and its moral implications regarding animal welfare. Drawing on philosophical perspectives and ethical arguments, the abstract suggests that utilitarianism offers a compelling rationale for minimizing animal suff, even advocating for radical measures like the extinction of carnivorous species. Ultimately, it underscores the complex interplay between religious practices, ethical theo, and hum attitudes toward animals throughout history.

Keywords: Sac- Sacrifice, Suff- Suffering, Theo-Theories, Hum-Humans

CAPITAL GAINS TAX AVOIDANCE IN DIGITAL ERA: POSITION OF INDIAN TAX TREATIES POST BEPS ACTION PLAN WITH SPECIAL REFERENCE TO SANOFI’S CASE

AUTHOR – KUMAR RISHAV, STUDENT AT SCHOOL OF LAW CHRIST UNIVERSITY, BANGALORE

BEST CITATION – KUMAR RISHAV, CAPITAL GAINS TAX AVOIDANCE IN DIGITAL ERA: POSITION OF INDIAN TAX TREATIES POST BEPS ACTION PLAN WITH SPECIAL REFERENCE TO SANOFI’S CASE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 515-525, APIS – 3920 – 0001 & ISSN – 2583-2344

INTRODUCTION

The taxation of capital gains holds significant importance within the realm of international tax treaties, as it pertains to the distribution of taxing authority among participating nations about the profits generated from the transfer or transfer of assets. This article explores the regulation of capital gains taxation in Double Taxation Avoidance Agreements (DTAAs) between India and other countries, with a specific focus on two different models used in these agreements.

RIGHT TO AN EDUCATION

AUTHORS- SHREYA PANDEY & MR KARAN RAMANI,

STUDENT¹ & ASSISTANT PROFESSOR² AT AMITY LAW SCHOOL, AMITY UNIVERSITY, UTTAR PRADESH LUCKNOW CAMPUS

BEST CITATION – SHREYA PANDEY & MR KARAN RAMANI, RIGHT TO AN EDUCATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 510-514, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Primary education should be the cornerstone of the educational pyramid and the nation’s future. “Every child has a right to education shall be free, at elementary and fundamental stages,” stated Mahatma Gandhi, advocating for universal access to free basic primary education. It will be mandatory to receive an elementary education. (The 1948 Universal Declaration of Human Rights, Article 26). The provisions of the Right of Children to Free and Compulsory Education (RTE) Act (2009) uphold the UN recommendation. On April 1, 2010, the Right to Education Act, 2009 (Article 21 A) went into force in India, guaranteeing free and compulsory education for all children aged 6 to 14. Up until the 1800s, only a limited portion of society had access to education as a right. Despite laws requiring education, not much progress was made in this area during British administration. Nevertheless, Article 45 of the post-independence declaration committed the State to “providing, within a period of 10 years from the commencement of the Constitution, free and compulsory education to all children until they complete the age of 14.” However, there was little progress made in making elementary education universal. The first formal document pertaining to primary education was the National Policy on Education, 1968. National Policy on Education 1986: The inclusion of the right to education as a fundamental right in the Indian constitution was suggested during the policy review in 1990. This recommendation served as the foundation for the formulation of the National Policy on Education 1992. 1992. The right to education is a basic right guaranteed by Part III of the Indian Constitution, and every citizen is entitled to it, the Supreme Court of India ruled in the 1992 case of Mohini Jain Vs. State of Karnataka. Afterwards, the Supreme Court ruled in the Unnikrishnana, J.P. vs. State of Andhra Pradesh case that “even though the right to education is not expressly mentioned as a fundamental right, it flows from the right to life that is guaranteed by article 21 and must be included in the context of the Directive Principles of the Constitution.” Thus, the right to education, as defined by Articles 45 and 41, means that: (a) every child and citizen of this country has the right to free education up until the age of fourteen; and (b) after the age of fourteen, a child’s right to education is limited by the State’s economic capacity and its development. Ultimately, in 2002, the Indian Constitution was amended to make education a fundamental right, but it was qualified by stating that the manner in which this right would be exercised would be determined by subsequent consequential legislation. The “The Right of Children to Free and Compulsory Education Act 2009” is the follow-up law mentioned in the 2002 Amendment to the Indian Constitution (the 86th Amendment). It was passed by parliament in August 2009 and went into effect in April 2010. The Model Rules, a subordinate piece of law, were created by the federal government based on this Act to give states guidance on how to execute it.

KEYWORDS : Elementary, Legislation,Vocational ,Convention

CASE LAW FOR ANALYSIS: BAJAJ AUTO LTD. VS. T.V.S. MOTOR COMPANY LTD.

AUTHOR – VRITI SINGHVEE; STUDENT AT SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – VRITI SINGHVEE, CASE LAW FOR ANALYSIS: BAJAJ AUTO LTD. VS. T.V.S. MOTOR COMPANY LTD, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 506-509, APIS – 3920 – 0001 & ISSN – 2583-2344

Introduction to the subject matter

In the world of inventions, patents grant inventors exclusive rights over their creations for a limited time. This incentivizes innovation and ensures inventors reap the rewards of their hard work. However, there’s a flip side. When a competitor uses a patented invention without permission, it’s called patent infringement. This not only harms the inventor but also stifles progress. A real-world example highlights this. In a high-profile Indian case, Bajaj Auto Ltd. sued TVS Motors Ltd., alleging their TVS Flame motorcycle infringed upon Bajaj’s patent for the DTSi engine technology. Bajaj claimed TVS’s CCVTi technology was essentially a copy of their DTSi, even though it included an additional valve. This case hinged on whether TVS’s invention captured the essence of Bajaj’s patented idea, a concept known as the “doctrine of equivalents.”

MEDICAL TERMINATION OF PREGNANCY LAWS: A COMPARATIVE ANALYSIS BETWEEN INDIA AND USA LAWS

AUTHOR – SHIVANI MEHTA, STUDENT AT AMITY LAW SCHOOL, NOIDA

BEST CITATION – SHIVANI MEHTA, MEDICAL TERMINATION OF PREGNANCY LAWS: A COMPARATIVE ANALYSIS BETWEEN INDIA AND USA LAWS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 498-505, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This paper offers a thorough comparative study of medical termination laws from the viewpoints of Western, Middle Eastern, and Indian countries. The study explores the nuances of abortion legislation in these various areas through a multifaceted investigation that includes legal, socio-cultural, and public health aspects. Utilising a variety of academic fields such as public health, law, and social sciences, the study clarifies the social perspectives, legal structures, and historical development that support medical termination laws in each setting. Examining how religious, cultural, and legal variables interact, the study reveals the subtleties and complexity involved in influencing abortion laws in various sociopolitical and cultural contexts.
Additionally, the comparative research clarifies differences in healthcare outcomes, reproductive rights frameworks, and access to abortion services, providing important information about the effectiveness and equality of current abortion laws. The findings underscore the significance of context-specific factors in policy formation by highlighting both similarities and differences in the regulatory systems and societal attitudes towards abortion. Additionally, the study suggests paths for legislative change and cross-border cooperation while highlighting the main obstacles to and opportunities for increasing access to healthcare and reproductive rights.
In conclusion, this research advances our understanding of the nuances of medical termination laws and lays the groundwork for policy discussions and advocacy campaigns that support women’s health and reproductive autonomy in a variety of legal and cultural contexts.

KEYWORDS: Medical termination of pregnancy, abortion, legal abortion, Indian perspective, USA Perspective

UNVEILING THE SHADOWS: A COMPREHENSIVE STUDY ON MARITAL RAPE, LEGAL FRAMEWORKS,AND GENDER-BASED VIOLENCE IN INDIA

AUTHOR – RAVEENA KP, STUDENT AT CHRIST DEEMED TO BE UNIVERSITY

BEST CITATION – RAVEENA KP, UNVEILING THE SHADOWS: A COMPREHENSIVE STUDY ON MARITAL RAPE, LEGAL FRAMEWORKS, AND GENDER-BASED VIOLENCE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 491-497, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract:

Marital rape, a form of sexual violence within the confines of marriage, remains a contentious issue globally, with varying legal frameworks and societal attitudes shaping its recognition and criminalization. This research paper delves into the complex dynamics of marital rape, exploring the concept within the broader context of rape laws, societal norms, and gender dynamics. The study focuses primarily on the Indian legal landscape, examining the provisions of the Indian Penal Code, the Protection of Women from Domestic Violence Act, and relevant marriage laws to understand the treatment of marital rape within the country.

The paper begins by elucidating the historical and societal perceptions that have perpetuated the notion of women as property and homemakers, leading to the normalization of marital rape and the denial of women’s autonomy and consent within marriage. It highlights the inherent injustice and violation of personal liberty that marital rape entails, emphasizing the urgent need for legal recognition and criminalization of this form of violence.

In India, the legal framework surrounding marital rape is complex and inadequate, as highlighted by the provisions of the Indian Penal Code that exempt non-consensual sexual intercourse within marriage from the definition of rape. The study delves into the intricacies of Section 375 and Section 376 of the IPC, shedding light on the loopholes that allow for the impunity of perpetrators of marital rape. Additionally, the paper explores the implications of the Protection of Women from Domestic Violence Act, which recognizes marital rape as a form of domestic violence and provides avenues for legal recourse for survivors.

Furthermore, the research paper delves into the intersection of fundamental rights, privacy, and dignity within the context of marital rape, drawing on landmark judgments by the Supreme Court of India that underscore the violation of Article 21 rights through acts of rape. It emphasizes the need for a paradigm shift in societal attitudes towards marital rape, recognizing it not merely as a moral wrong but as a criminal offense that warrants legal redress and punitive action.

The study also delves into the age of consent for marriage under Hindu and Muslim marriage laws, highlighting the disparities and implications of age requirements on the vulnerability of women to marital rape. It underscores the importance of consent within marriage and challenges the archaic notions that equate marriage with automatic consent to sexual intercourse.

Moreover, the paper delves into the prevalence of domestic violence and rape in India, citing statistics from the National Crime Records Bureau reports to underscore the pervasive nature of gender-based violence in the country. It underscores the urgent need for legislative reforms, societal awareness, and support services to combat marital rape effectively and ensure the protection of women’s rights and dignity. In conclusion, the research paper advocates for the criminalization of marital rape, emphasizing the imperative of legal reforms, societal change, and survivor-centric support mechanisms to address this insidious form of violence. It calls for a holistic approach that recognizes women’s autonomy, bodily integrity, and right to live free from violence within the institution of marriage. By shedding light on the complexities and challenges surrounding marital rape, this study aims to contribute to the discourse on gender-based violence and advocate for a more just and equitable society for all.

SCOPE FOR MISUSE FOR THE JUDICIARY IN INDIAN CONTEMPT LAW

AUTHOR – SHAIL HUNDEKAR, STUDENT AT CHRIST UNIVERSITY,

BEST CITATION – SHAIL HUNDEKAR, SCOPE FOR MISUSE FOR THE JUDICIARY IN INDIAN CONTEMPT LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 531-538, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Freedom of speech and expression is a fundamental right enshrined in the Constitution of India under Article 19(1)(a). It is a vital right for the functioning of a democracy, as it allows citizens to hold their government accountable and to participate in public discourse. However, this right is not absolute and is subject to reasonable restrictions under Article 19(2), including restrictions in the interest of the administration of justice. One of the most important restrictions on freedom of speech and expression is the law of contempt of court. Contempt of court is an act not defined in the Constitution of India or any other statue. Oswald defines contempt to be constituted by any conduct that tends to bring the authority and administration of Law into disrespect or disregard or to interfere with or prejudice parties or their witnesses during litigation.^[1]

---

[1] Oswald’s Contempt of Court, Butterworth Law Publishers Ltd, Third Edition Reprint,1993

BEYOND BORDERS, BEYOND LAWS:  INTER-COUNTRY ADOPTION FROM INDIA UNDER THE HAGUE CONVENTION AND THE JUVENILE JUSTICE ACT

AUTHOR – ADRUSHYA V, STUDENT AT SCHOOL OF LAW, CHRIST DEEMED TO BE UNIVERSITY

BEST CITATION – ADRUSHYA V, BEYOND BORDERS, BEYOND LAWS:  INTER-COUNTRY ADOPTION FROM INDIA UNDER THE HAGUE CONVENTION AND THE JUVENILE JUSTICE ACT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 483-490, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract:

Intercountry adoption, a growing practice where families adopt children from countries other than their own, has gained prominence. In 1993, the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption was established. Its purpose is twofold: to ensure that intercountry adoptions prioritize the child’s best interests and to prevent child abduction, sale, or trafficking. This research paper delves into the impact of the Hague Convention on intercountry adoption in India. By examining relevant literature and referencing provisions in the Juvenile Justice Act, the study assesses the effectiveness of the Hague Convention. Specifically, it analyzes adoption criteria, consent procedures, and post-adoption services influenced by the Convention. The research aims to shed light on the Convention’s efficacy and its implications for the well-being of children involved in intercountry adoption. Additionally, the study will identify implementation gaps and propose recommendations for enhancement.

Keywords: Adoption, CARA, Hague Convention, Inter-country, Juvenile Justice 

DRUGS AND THE CRIME RELATED TO THEIR TRAFFICKING AND ABUSE

AUTHOR – ARUN KUMAR T, ADVOCATE

BEST CITATION – ARUN KUMAR T, DRUGS AND THE CRIME RELATED TO THEIR TRAFFICKING AND ABUSE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 478-482, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT:

              India is a country which has well resources and population. Through intelligent people and leaders, India has become a developing country. However, there are some disadvantages that obstruct India from becoming a developed country. One of the main disadvantages is drugs, which are mainly used by children and adolescents who are the backbone of our country. Mainly the manufacturers of drugs are targeting the children and making them addicted to the drugs. Thus, drugs consumed by the Children not only affect them and their family and physical health. This article mainly discusses drugs, sales, and distribution, criminal activities related to drugs, and laws made for the usage and sale of drugs.

KEYWORDS:             Drugs, Juvenile, NDPS Act, Drug Trafficking, Drug abuse, Stimulants, Drug addiction,