CORPORATE INSOLVENCY AND DISTRESSED ASSETS: A LEGAL PERSPECTIVE

AUTHOR – MEDHA UPADHYAY, STUDENT AT CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – MEDHA UPADHYAY, CORPORATE INSOLVENCY AND DISTRESSED ASSETS: A LEGAL PERSPECTIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 1128-1137, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Insolvency and Bankruptcy Code (IBC) has emerged as a paradigm shift in India’s approach to distressed asset management, significantly redefining the insolvency landscape.
Before the passing of the law, the process of corporations’ distress was accompanied by judicial fragmentation, long periods of time, and low rates of recovery which affected the confidence of the creditors and the economy. The IBC provided a unified and structured approach to address the NPAs in a time-sensitive manner, thereby strengthening the creditor rights. This article delves into the impact that the IBC has had on distressed assets, examining how it has improved recovery rates, supported creditors, and attracted foreign investment in India’s distressed asset market. It also explores the critical role of the National Company Law Tribunal (NCLT) in shaping the insolvency resolution landscape. However, despite its successes, the Code faces several challenges, including procedural delays, judicial uncertainty, and asset valuation. This article suggests strategic improvements and reforms with a view to enhance India’s insolvency framework to ensure that the insolvency code is implemented in a manner to address the core problems faced by firms.

KEYWORDS: Distressed Assets, Financial Distress, IBC, Asset recovery, NCLT, ARCs.

A CRITICAL ANALYSIS OF POCSO ACT, 2012 IN PREVENTING OFFENCES AGAINST CHILDREN

AUTHOR – NIVETHA T, GUEST LECTURER AT DEPARTMENT OF HUMAN  RIGHTS AND DUTIES EDUCATION, SCHOOL OF EXCELLENCE IN LAW, TNDALU, CHENNAI.

BEST CITATION – NIVETHA T, A CRITICAL ANALYSIS OF POCSO ACT, 2012 IN PREVENTING OFFENCES AGAINST CHILDREN, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 1122-1127, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

             A Child is God’s most pure and innocent creation, unaffected by social evils, sins, or materialistic and worldly manipulations of any kind. Sexual offenses against modern women are rising alarmingly on a global scale. One of the top five nations in the world with the highest rate of sexual offenses is India.  In India, fifty three percent of children faced some kind of sexual assault in their lives. The existing laws have not been able to stop the commission of such horrible offenses, and this rate is only going to rise with time. It is widely acknowledged that the Protection of Children from Sexual Offenses (POCSO) Act, 2012, upholds the rights of children who are vulnerable to sexual abuse. The 2012 Act, which established judicial authorities to protect children’s rights and established an effective right enforcement system, was created in response to the sharp rise in sexual offenses committed against children. This paper covers the Impact of POCSO in Preventing Offences Against Children. This makes it necessary to examine the POCSO Act and its challenges on Indian society.

Key words: Child, POCSO, Offences, Punishments.

STRAY DOGS WITHIN THE LEGAL FRAMEWORK: BALANCING OF PUBLIC SAFETY AND ANIMAL WELFARE

AUTHOR – JOS K PRATHEESH, STUDENT AT SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY), BENGALURU

BEST CITATION – JOS K PRATHEESH, STRAY DOGS WITHIN THE LEGAL FRAMEWORK: BALANCING OF PUBLIC SAFETY AND ANIMAL WELFARE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 1107-1114, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The issue of stray dogs remains a significant challenge in India, sparking concerns and debates over public safety, legal accountability, and animal welfare. The rising population of stray dogs has resulted in frequent incidents of human-animal conflict, including attacks on individuals and the transmission of diseases like rabies. At the same time, legal provisions under various statutes mandate the protection of these animals, emphasizing humane treatment and prohibiting harm, thereby creating a complex legal and ethical dilemma. This research aims to address and resolve this complex dilemma, in order find a solution for this quandary. The judiciary, as the guardian of constitutional rights, has played a crucial role in interpreting the law, balancing human safety with the protection of stray animals, and establishing guidelines for their management. As modern scenarios demand clearer interpretations of statutes by the judiciary, this research paper largely examines the judicial response to stray dog-related concerns with the help of landmark precedents, legislative measures, and municipal responsibilities, relying primarily on a doctrinal methodology. The research paper also attempts to concentrate on international statutes and other related concerns. The paper aims to propose practical pathways for harmonizing these competing interests in contemporary contexts.

Keywords: Stray Dogs, Public Safety, Animal Welfare, International Statutes, Legal Framework, Municipal Responsibility.

CYBER CRIME AND CYBER LAW: A COMPREHENSIVE ANALYSIS

AUTHORS – KRISHAN CHAND* & MS. NAVDEEP KAUR**, LLM SCHOLAR* & ASSISTANT PROFFESOR** AT LLM AT SANT BABA BHAG SINGH UNIVERSITY, JALANDHAR

BEST CITATION – KRISHAN CHAND & MS. NAVDEEP KAUR, CYBER CRIME AND CYBER LAW: A COMPREHENSIVE ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 1107-1114, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

“Cyber security is no longer just an IT issue, but the responsibility of every individual to ensure trust in this digital world.” Nappo Stephane Regulations pertaining to computer technology, the internet, and digital communications are all included in cyber law. It covers a wide range of topics, including online transactions, cyber security, cybercrime, intellectual property rights, data privacy, and data protection. Cybercrime, on the other hand, describes unlawful actions involving computers, computer networks, and the internet. Cybercrime includes data theft, fraud, online harassment, hacking, and the dissemination of malicious software. This is carried out via digital channels. DVDs, pen drives, flash drives, microchips, and other devices are used by the thief. The primary problem is that the crime takes a terrible form, especially when it comes to copyright violations, child pornography, etc. Hacking, fishing, cyberstalking, online harassment, virus assaults, cyberfraud, cyberterrorism, and other forms of cybercrime are all included in the study. The difficulties of cybercrime, its jurisdictions, the speed at which technology is developing, the gathering and prevention of evidence, etc., are also highlighted by this. It also examines the laws and rules pertaining to cybercrime that have been put in place by the government and international organizations. This covers international corporate frameworks, data protection and privacy legislation, cybercrime laws, and national cyber security policies.

Keywords: technology, hacking, data theft, cybercrime, privacy, and protection.

AHMEDABAD SERIAL BOMB BLAST CASE

AUTHOR – TEESHA C, STUDENT AT TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – TEESHA C, AHMEDABAD SERIAL BOMB BLAST CASE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 1091-1106, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

“No religion is responsible for terrorism. People are responsible for violence and terrorism”

– Barrack Obama

The 2008 Ahmedabad serial bomb bombings were among India’s bloodiest terror attacks, which were carried out by the Indian Mujahideen (IM) in a coordinated act of violence. On July 26, 2008, 21 bombs exploded within 70 minutes in crowded public areas, killing 56 people and injuring nearly 200. The Islamic Movement claimed responsibility for the bombings, alleging retaliation for the 2002 Gujarat riots.

 A comprehensive inquiry led to the detention of several suspects, and the prosecution relied on forensic evidence, CCTV video, technological communications, and witness testimony to prove guilt. The defense argued a lack of direct evidence, procedural flaws, forced confessions, and unfair inference. On February 8, 2022, 49 suspects were convicted by a special court in Ahmedabad after long-drawn legal procedures. This is one of the historical judgments that had condemned 38 people to death and 11 to life imprisonment, thus recording the highest death sentences awarded to a person in a single case in India.

 The case set a judicial precedent in the counterterrorism cases, which stirred debates on issues of justice, due process, death penalty, and national security. It showcased India’s powerful stance against terrorism but also inflamed controversies about human rights, fair trial, and the efficacy of the judicial system in addressing the extremist threats.

Keywords: Ahmedabad bomb blasts, Indian Mujahideen, terrorism, counterterrorism, forensic evidence, CCTV footage, 2002 Gujarat riots, capital punishment, death sentence, fair trial, national security, justice.

CHILD BEGGING IN INDIA: A REALITY OR SCAM?

AUTHOR – ADV. SIDDHI GOKULDAS NAIK, ADVOCATE/ ASST.PROF IN LAW AT V.M.SALGAONCAR COLLEGE OF LAW

BEST CITATION – ADV. SIDDHI GOKULDAS NAIK, CHILD BEGGING IN INDIA: A REALITY OR SCAM?, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 1084-1091, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

“Naked feet, walking on the street.

Tiny palms, begging for a treat.

Only if we could look deep into their eyes,

We will know where the reality lies!”

Childhood is regarded as the formative phase in every person’s life. Having a beautiful childhood is indeed the most cherished gift of all. Unfortunately, not every child is blessed with such a fortune.

In today’s hectic pace of life, we come across so many people. A popular sight on most of the Indian streets comprises innocent children with tangled hair, teary eyes, malnourished bodies, and outstretched hands constantly knocking at our windows, peeping inside the cars begging for either money or food. This is more common at Traffic signals, Temples, Mosques, and Churches. Many people shoo them away while some prefer giving them money. But have we ever thought, What must be the lifestyle of these children? What could be their dreams? Do they beg willingly or are they forced into this dirty job? There are innumerable questions, which are perhaps difficult to answer.

LEGAL SAFEGUARDS FOR CONSUMERS IN E-COMMERCE TRANSACTIONS: AN ANALYTICAL STUDY

AUTHOR – SIDDHARTH KUMAR PANDEY, STUDENT AT NETAJI SUBHAS UNIVERSITY

BEST CITATION – SIDDHARTH KUMAR PANDEY, LEGAL SAFEGUARDS FOR CONSUMERS IN E-COMMERCE TRANSACTIONS: AN ANALYTICAL STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 1050-1057, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTARCT

The rise of the consumer protection movement is a recent development in today’s digital age. The consumer protection agency is tasked with ensuring that the essential needs of the vast consumer base in the nation are fulfilled in line with legal standards. Implementing legal measures to protect consumers is improving their status in society and enhancing their quality of life. E-commerce has transformed the global infrastructure for online business and trade. Today, e-consumers can access a variety of options, convenient shipping solutions, online payment methods, and e-banking services. Consumer Protection, which is grounded in the idea of e-consumers, is an effort made by consumers themselves to defend their rights in the digital marketplace. E-consumers are individuals who buy, use, or sell products and services online. The term has replaced the traditional idea of ‘buyer beware.’ The concept of consumerism can be traced back to ancient times, but e-consumerism is a more contemporary phenomenon. The rise of e-commerce has led to the development of the notion of e-consumerism. E-commerce and e-consumerism are linked to achieve a balance between e-commerce profitability and e-consumer satisfaction. Consumers, viewed as the primary force in the marketplace, need legal safeguards to protect their rights and interests. The enactment of the Consumer Protection Act, 2019 represents a major milestone in the consumer advocacy movement within the country. Its goal is to improve the safeguarding of consumer rights. This legislation is notably progressive and comprehensive, as it addresses all types of goods and services. Due to the rapid expansion of the internet, e-commerce transactions have seen substantial growth, especially following the COVID-19 pandemic.

Keywords: E-Commerce, Infrastructure, Consumer, Proliferation.

A STUDY ON IMPACTS OF FAILURE OF RIGHT TO EDUCATION THAT REFLECTS OVER CHILD LABOUR PRACTICES IN TAMILNADU

AUTHOR – HARIHARAN A, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR AMBEDKAR LAW UNIVERSITY

BEST CITATION – HARIHARAN A, A STUDY ON IMPACTS OF FAILURE OF RIGHT TO EDUCATION THAT REFLECTS OVER CHILD LABOUR PRACTICES IN TAMILNADU, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 1069-1077, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Children in Indian culture have consistently been a theme less spoken or talked about. The reasons for this can be traced back to the socio-social foundation of the nation. On the planet youngsters are taken as the best blessing to mankind. Hence every general public connects its future to the current status of its children. The ramifications are enormous. Child labour can cause severe physical and emotional injury, as well as death. Slavery and sexual or economic exploitation are possible outcomes. In almost every case, it denies children access to education and health care, limiting their fundamental rights and jeopardizing their futures. Education is a right that everyone has. Technical and professional education must be widely available, and higher education must be open to everybody on a merit-based basis. I have used empirical study in this research. This empirical study includes a self tested questionnaire which contains yes or no questions and other choices accordingly by using the survey sampling method. The sample is 200. A few proposals gathered by the creator, from academicians and furthermore from the arrangement and plan records about the method of annihilating the issues, are summarized in the paper. At long last the layout of the arrangement and systems as recognized are likewise given with creator’s proposals. The paper distinguishes that a great deal of strategy plans have been worked; however there is a critical requirement for a social development for this issue to truly get tended to and settled.

KEYWORDS : Child labour, Right to education, Poverty, exploitation , Literacy.

FROM TRAINING TO TRANSFORMATION: ELEVATING CAPACITY BUILDING AND VICTIM SUPPORT IN INDIA LEGAL RESPONSES TO CHILD SEXUAL EXPLOITATION

AUTHOR – ALIN ANNA BENNY, STUDENT AT CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – ALIN ANNA BENNY, FROM TRAINING TO TRANSFORMATION: ELEVATING CAPACITY BUILDING AND VICTIM SUPPORT IN INDIA LEGAL RESPONSES TO CHILD SEXUAL EXPLOITATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 1078-1083, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

India has robust legal safeguards against offences pertaining to the exploitation of minors for sexual purposes. In addition, the nation is a party to numerous international and regional frameworks and has ratified the majority of significant international conventions pertinent to the fight against the sexual exploitation of minors. In order to comply with its regional and international obligations, India has also progressively adopted and modified national laws pertaining to child sexual exploitation. It is noteworthy to applaud the passage of the Protection of Children from Sexual Offences Act 30 and subsequent modifications to make sure this is gender-neutral. The recently proposed Trafficking in Persons (Prevention, Care and Rehabilitation) Bill for 2021, if it becomes law, would be another step in the right direction towards bringing Indian legislation up to date with global norms.31 But there are significant flaws in the bill as well, like the death penalty. The Trafficking in Persons (Prevention, Care and Rehabilitation) draft Bill 2021, which is anticipated to be introduced during the winter session of Parliament, has shortcomings that the Indian Leadership Forum Against Trafficking (ILFAT) has pointed out in a letter to the Ministry of Women and Child Development. This paper will examine the main ideas of the bill as well as a few of its shortcomings. 

Keywords Sexual exploitation, Minors, Rehabilitation, Trafficking, Prevention

IMPACT OF PRIVATISATION OF HEALTHCARE: A COMPARATIVE ANALYSIS BETWEEN DEVELOPED AND DEVELOPING NATIONS

AUTHOR – SMEEKSHA PANDEY*, DRISHTI KOTIAN** & RISHIKA SHARMA**,

* ASSISTANT PROFESSOR AT AMITY LAW SCHOOL, AMITY UNIVERSITY MUMBAI

** STUDENTS AT AMITY LAW SCHOOL, AMITY UNIVERSITY MUMBAI

BEST CITATION – SMEEKSHA PANDEY, DRISHTI KOTIAN & RISHIKA SHARMA, IMPACT OF PRIVATISATION OF HEALTHCARE: A COMPARATIVE ANALYSIS BETWEEN DEVELOPED AND DEVELOPING NATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 1059-1068, APIS – 3920 – 0001 & ISSN – 2583-2344.

1.1 INTRODUCTION

Privatization is the process of transferring ownership of a business or property from the government to the private sector. The term “privatization” was coined by Peter F. Drucker. ^[1] In his 1955 work “The Role of Government in Education,” American economist Milton Friedman established the theoretical underpinnings for the privatisation of public services and utilities. The concept of privatisation was first put out by American management Peter F. Drucker in his 1968 book The Age of Discontinuity: Guidelines to Our Changing Society; in 1969, E. S.^[2] Upon studying the duties and functions of privatisation, we see that several studies characterize it as either partial or complete. The transition of an institution or organisation from the public sector to the private sector (Avgustyniak, 2010: 36; ACRP, 2012: 1; Graham, 2017: 143). Certain studies define privatisation as the transfer of partial or whole government assets to the private sector (Ramamoorthy, 1992: 225). Other authors on privatisation define it as “the transfer of productive assets to the private sector” (Parker and Kirkpatrick 2003: 50).^[3]

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[1] Dong, L. (2015). Privatization Theory: Inheritance of Instrumental Rationality. In: Public Administration Theories. Palgrave Macmillan, New York. https://doi.org/10.1057/9781137536426_4

[2] Dong, L. (2015). Privatization Theory: Inheritance of Instrumental Rationality. In: Public Administration Theories. Palgrave Macmillan, New York. https://doi.org/10.1057/9781137536426_4

[3] The electronic scientifically and practical journal “Intellectualization of Logistics and Supply Chain Management”, v.24 (2024) ISSN 2708-3195.