DORMANT COMPANIES V. SHELL COMPANIES IN INDIA: CORPORATE CONVENIENCE OR REGULATORY VULNERABILITY?

AUTHOR – AKKSHARRA P V, STUDENT AT SASTRA UNIVERSITY, THANJAVUR, TAMIL NADU, INDIA.

BEST CITATION – AKKSHARRA P V, DORMANT COMPANIES V. SHELL COMPANIES IN INDIA: CORPORATE CONVENIENCE OR REGULATORY VULNERABILITY?, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 57-68, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I97

ABSTRACT:-

The emergence of shell companies and dormant companies has become a significant concern within India’s corporate governance and financial regulatory framework. While dormant companies are legally recognized under section 455 of the Companies Act, 2013 and are intended to facilitate legitimate commercial purposes such as holding assets, preserving intellectual property, and preparing for future business activities, concerns have increasingly arisen regarding their potential misuse. Shell companies, although not expressly defined under the Indian corporate legislation, are frequently associated with money laundering, tax evasion, benami transactions, accommodation entries, concealment of beneficial ownership, and round-tripping of funds. Their opaque operational structures and limited transparency have attracted significant scrutiny from regulatory authorities and investigative agencies.

This research paper critically examines the conceptual and regulatory distinction between dormant companies and shell companies within the Indian corporate law framework. It explores whether dormant company provisions, despite their legitimate legislative objectives, may inadvertently create regulatory vulnerabilities capable of being exploited for fraudulent or opaque financial activities. The paper further analyzes the evolution of corporate regulation in India, the concept and functioning of shell companies, the risks associated with inactive corporate entities, and the increasing overlap between dormant company structures and shell companies operations.

Keywords – Dormant companies, Shell companies, Corporate governance, Corporate transparency

MUFFLED VOICES – THE TRUE AND RAW HARDSHIPS FACED BY INDIAN FEMALE LABOURERS

AUTHOR – PAVITHRA. S. NAIR, STUDENT AT SASTRA UNIVERSITY, THANJAVUR, TAMIL NADU, INDIA.

BEST CITATION – PAVITHRA. S. NAIR,MUFFLED VOICES – THE TRUE AND RAW HARDSHIPS FACED BY INDIAN FEMALE LABOURERS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 50-56, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I96

ABSTRACT

Women constitute a substantial chunk of the workforce in India and are still lacking in work participation, as well as the quality of employment if they are employed. The reasons for this lack of female participation are the disparity between what they can do and what is available to them. The issue of safety is another reason for the low participation of women in the workforce. Hence, the importance of women’s sense of security in encouraging them to take up jobs needs to be addressed by the government.

India is a heavily labour- and agricultural-dependent country, with a majority of its population working in these fields. For most Indians, it is these limited wages that ensure food on their tables. The issue of wages faced by workers is not an unmentioned topic, and it is a vicious cycle that leads into the discussion of where, how, and why child labour stems from and persists despite the government providing free and mandatory education up until the age of 16. It is the very reason that one earning member cannot sustain even the minimum necessities. Labourers face common risks of losing fingers or limbs, leading to amputation, which forces every member to be a child or another adult to be forced to work.  And one might even ask why go through such harsh working condition its never been a choice as the only motivation isn’t food as these people are more aware of feeling of empty stomachs from starvation than that of a full one after hearty meal, the situations are also derived from forces of desperations of mere survival either due to loans that they are trapped in unable to repay or lose of family members in life threatening work such as those in the mines. And it is about time we listen to their desperate cries that are known yet not spoken of enough.

KEYWORDS: Female Labour Force Participation (FLFP), Unrecognised Sector, Vulnerable Backbone, Labour Exploitation, Bare Acts.

STRUCTURAL BIAS IN CRIMINAL JUSTICE : POLITICAL AND ECONOMIC IMPACT ON HIGH-PROFILE TRIALS

AUTHOR – CHANDRHAS DWIVEDI* & PROF. DR ANIL KUMAR DIXIT**

* LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

** ASSISTANT PROFESSOR, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

BEST CITATION – CHANDRHAS DWIVEDI & PROF. DR ANIL KUMAR DIXIT, STRUCTURAL BIAS IN CRIMINAL JUSTICE : POLITICAL AND ECONOMIC IMPACT ON HIGH-PROFILE TRIALS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 40-49, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I95

ABSTRACT

This chapter looks at the impact of sensational or high-profile criminal cases in India such as the Jessica Lal murder and the Asaram Bapu rape trials on the procedures, institutions and laws of adjudication. It integrates the legal analysis, case studies, and secondary literature to examine the role of media, intimidation of witnesses, postponement of trials, and policy reforms. We search court rulings and legislation, and create timelines to demonstrate the time and result of cases. Results indicate that both public and media pressure can trigger justice (e.g. reverse wrongful acquittals) as well as undermine fairness (by biased coverage). Renowned cases tend to reveal loopholes: antagonistic witnesses, intimidation, and procrastination are the norm, and courts and lawmakers implement changes. As an illustration, in the wake of the Jessica Lal case, suggested amendments to the CrPC required witness statements to be recorded on oath. The Nirbhaya case led to the Criminal Law (Amendment) Act 2013 that expanded the rape laws. The judgment of the Supreme Court of 2018, Mahender Chawla, emphasized the responsibility of the State to safeguard witnesses and resulted in a national witness protection scheme (2018). Altogether, high-profile cases indicate systemic weaknesses and prompt legal changes, yet there is a worry about media-influenced bias and delayed justice.

Keywords: High-profile cases; criminal justice; media influence; witness protection; judicial reform; India

TRANSGENDER RIGHTS AND ARTICLE 14 OF THE INDIAN CONSTITUTION:  LEGAL CHALLENGES AND PATHWAYS TO EQUALITY

AUTHOR – APRAJEETA KUMARI, STUDENT AT AMITY LAW SCHOOL PATNA  

BEST CITATION – APRAJEETA KUMARI, TRANSGENDER RIGHTS AND ARTICLE 14 OF THE INDIAN CONSTITUTION:  LEGAL CHALLENGES AND PATHWAYS TO EQUALITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 35-39, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I94

Abstract

This paper examines the historical evolution and legal standing of transgender rights in India, with a focus on Article 14 of the Indian Constitution, which guarantees equality before law and equal protection to all citizens.

Transgender individuals, historically referred to as “Hijras,” held respected positions in ancient Indian mythology and medieval royal courts. However, British colonial rule drastically altered their status through Section 377 of the IPC, 1860, which criminalized homosexuality, leading to widespread marginalization that persisted even after independence.

Over time, landmark judicial interventions reshaped the legal landscape. The NALSA v. Union of India judgment recognized transgender persons as a third gender and affirmed their fundamental rights under Articles 14, 15, 16, 19, and 21. The Navtej Singh Johar v. Union of India (2018) ruling decriminalized consensual homosexual acts, while Arunkumar and Sreeja (2019) expanded the definition of “bride” under the Hindu Marriage Act to include transgender women. The Transgender Persons (Protection of Rights) Act, 2019 further strengthened protections by prohibiting discrimination in employment, education, and healthcare, and providing legal gender identity through district-issued certificates.

Despite these legal advancements, the paper acknowledges that practical challenges remain. A National Human Rights Commission report cited that 99% of transgender individuals have faced rejection across family, education, employment, and healthcare, underscoring the gap between legal protection and lived reality.

The paper concludes that sustained efforts — including reservation policies, public awareness, and stronger governmental implementation — are essential to ensuring that transgender individuals enjoy equal dignity, opportunity, and respect as full citizens of India.

A DOCTRINAL AND CONSTITUTIONAL ANALYSIS OF PRINCIPLES OF CRIMINAL LAW

AUTHOR – ASWATHI P.M., LL.M. STUDENT AT DEPARTMENT OF CRIMINAL LAW, SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – ASWATHI P.M., A DOCTRINAL AND CONSTITUTIONAL ANALYSIS OF PRINCIPLES OF CRIMINAL LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 19-34, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I93

ABSTRACT

Criminal law embodies the coercive authority of the State and represents the most intrusive form of legal power, regulating individual conduct through the threat and imposition of punishment. Such extraordinary power requires a robust normative framework, traditionally recognised as the principles of criminal law. These principles, including legality, mens rea, actus reus, presumption of innocence, burden of proof, fair trial, proportionality, and individual autonomy, act as constitutional and moral restraints on criminalisation and punishment. This research paper examines these principles through a doctrinal lens, assessing their functioning in real-world contexts, judicial practices, and contemporary social environments. The study also investigates how Indian criminal jurisprudence has been shaped by constitutional mandates under Articles 14, 20, 21, and 22, and how courts have expanded the scope of fundamental rights to fortify criminal law principles. The research further evaluates how deviations from these principles in special legislations like the NDPS Act, POCSO Act, and UAPA impact procedural fairness, and how the Indian judiciary negotiates this tension. By using comparative perspectives from the UK, US, and Canada, the paper situates Indian criminal law within global trends of rights-based criminal justice, restorative models, and evolving approaches to strict liability, cyber-offences, and victim- centric justice. Adopting a non-doctrinal empirical approach, the study incorporates judicial trends, socio-legal data, legislative practices, and contemporary criminal justice challenges. It identifies that several principles, while theoretically embedded in statutes, often face dilution in practice due to policing gaps, evidentiary burdens, custodial violence, trial delays, an inconsistent judicial interpretation. This paper proposes comprehensive legal, institutional, and policy- level reforms to ensure that the principles of criminal law ate not merely theoretical ideals but operational realities guiding every stage of criminal justice.

Keywords: Criminal law, Legality, Mens Rea, Actus Reus, Constitution, Fair Trial, Criminal Justice, Proportionality, Burden of Proof.

RECONCILING RELATIONSHIPS: A CRITICAL APPRAISAL OF MEDIATION AS A TRANSFORMATIVE ALTERNATIVE DISPUTE RESOLUTION MECHANISM IN INDIAN FAMILY LAW

AUTHORS – MANYATA SINGH* & PROF. DR. LAKSHMI PRIYA VINJAMURI**

* LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

** ASSISTANT PROFESSOR, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

BEST CITATION – MANYATA SINGH & PROF. DR. LAKSHMI PRIYA VINJAMURI, RECONCILING RELATIONSHIPS: A CRITICAL APPRAISAL OF MEDIATION AS A TRANSFORMATIVE ALTERNATIVE DISPUTE RESOLUTION MECHANISM IN INDIAN FAMILY LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 08-17, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I92

Abstract

The adjudicatory model of dispute resolution, deep-rooted in the Indian legal machinery, has been unable to keep up with the finesse and nuances of the emotionally charged nature of family law disputes. As family courts of the nation keep getting clogged with matrimonial cases, child custody disputes, and succession cases, mediation has increasingly become a viable and sensible solution. This chapter takes an intensive doctrinal and socio-legal analysis of mediation as an alternative dispute resolution (ADR) tool in the context of Indian family law. Based on the legislative tools such as the Family Courts Act, 1984, Section 89 of the Code of Civil Procedure, 1908, and the newly introduced Mediation Act, 2023, the chapter traces the formal and informal boundaries of mediation practice in India. It critically discusses landmark judicial pronouncements most notably, K. Srinivas Rao v. D.A. Deepa, Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co., and Salem Advocate Bar Association v. Union of India, to track the changing support of consensual dispute resolution by the judiciary. The three thematic analytical chapters discuss in turn the legislative framework on which family mediation is based, the jurisprudential history that has influenced its practice, and the institutional obstacles that still limit its efficacy. The chapter concludes that, although mediation has significant transformative potential in humanising the resolution of family disputes, its effectiveness depends on specific institutional changes, such as professionalisation of mediators, establishment of a strong regulatory oversight authority, and incorporation of trauma-informed frameworks into mediation practice. The chapter ends with a set of policy and legislative reform recommendations that will help to solidify the role of mediation as a valid, culturally acceptable, and constitutionally viable component of family justice in India.

Keywords

Mediation; Family Law; Alternative Dispute Resolution; Section 89 Code of Civil Procedure; Matrimonial Disputes; Mediation Act 2023

THE DIGITAL GAVEL: NAVIGATING THE FUTURE OF ALTERNATIVE AND ONLINE DISPUTE RESOLUTION IN THE ERA OF ARTIFICIAL INTELLIGENCE AND DECENTRALIZED JUSTICE

AUTHOR – ADARSH SINGH* & AISHWARYA SINGH**

* LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

** ASSISTANT PROFESSOR, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

BEST CITATION – ADARSH SINGH & AISHWARYA SINGH, THE DIGITAL GAVEL: NAVIGATING THE FUTURE OF ALTERNATIVE AND ONLINE DISPUTE RESOLUTION IN THE ERA OF ARTIFICIAL INTELLIGENCE AND DECENTRALIZED JUSTICE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 01-07, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I91

Abstract

The transformation of Alternative Dispute Resolution (ADR) into Online Dispute Resolution (ODR) is a radical change in the modern legal design. Out of the necessities of international trade, a persistent administrative backlog, and the swift development of computational technologies, ODR has outgrown its beginnings as a digital facilitation instrument. This paper is a comprehensive doctrinal, legislative, and technological study of the future of dispute resolution. The main aim is to critically analyze how emerging technologies, namely, Artificial Intelligence (AI) and blockchain-based smart contracts, intersect with well-known substantive and procedural legal frameworks. Applying an extensive doctrinal approach, the analysis considers recent statutory provisions, such as the Mediation Act, 2023, the Digital Personal Data Protection Act, 2023, and the AI Act, as well as international documents, such as the Brussels I Regulation Recast and the New York Convention. Moreover, the report presents a detailed analysis of landmark judicial decisions, especially the fact that the Indian Supreme Court approved emergency arbitral awards in Amazon.com NV Investment Holdings LLC vs. Future Retail Ltd. The results indicate a further conflict between the technological efficiency and the constitutional provisions of natural justice. Although predictive analytics and decentralized justice systems promise unprecedented speed, they also pose significant issues in the form of algorithmic transparency, data sovereignty, and the growing digital divide. This paper finds that to maximize the utility of Algorithmic Dispute Resolution, it is essential to have a harmonized global governance structure that emphasizes the importance of the glass box explainability and human-in-the-loop supervision to maintain procedural fairness during the digital age.

Keywords – Decentralized Justice ,Algorithmic Dispute Resolution,digital facilitation instrument

THE COMMERCIAL EXPLOITATION OF THE PERSONALITY OF ATHLETES IN SPORTS MARKETING

AUTHOR – OJASVI DHAKAR* & DR. KHALEEQ AHMAD**

* STUDENT AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY

** ASSISTANT PROFESSOR AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY

BEST CITATION – OJASVI DHAKAR & DR. KHALEEQ AHMAD A, THE COMMERCIAL EXPLOITATION OF THE PERSONALITY OF ATHLETES IN SPORTS MARKETING, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 916-925, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I8100

Abstract

The commercial exploitation of the personality of athletes has emerged as a significant aspect of modern sports marketing. In the contemporary global economy, athletes are no longer viewed merely as participants in sporting events; rather, they have evolved into influential public figures whose names, images, voices, signatures, gestures, and overall identities possess substantial commercial value.^[1] Businesses and multinational corporations increasingly rely on athletes to endorse products, promote brands, attract consumer attention, and enhance market credibility. Through advertising campaigns, sponsorship agreements, merchandising, social media promotions, and digital content, the personality of athletes has become a powerful economic asset.^[2] However, the increasing commercialization of athlete identity has also generated serious legal and ethical concerns. Unauthorized use of an athlete’s likeness, false endorsements, digital manipulation, ambush marketing, and misuse of personality through artificial intelligence or deepfake technologies^[3] raise complex questions relating to privacy, dignity, intellectual property, and economic rights. While several jurisdictions such as the United States recognize the “right of publicity” as an independent legal right,^[4] many countries, including India, continue to rely on fragmented protections under constitutional law, trademark law, copyright law, and common law remedies such as passing off.^[5]

This article critically examines the concept of personality rights of athletes within the framework of sports marketing. It explores the legal nature of commercial identity, the methods through which athlete personalities are monetized, and the challenges posed by unauthorized commercial exploitation.

Keywords: Commercial Exploitation, Sports Marketing, Athlete under Law.

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[1]Mark P. McKenna, “The Right of Publicity and Autonomous Self-Definition,” 67 U. Pitt. L. Rev. 225 (2006).

[2] Jennifer E. Rothman, The Right of Publicity (Harvard Univ. Press, 2018).

[3]Michael Madow, “Private Ownership of Public Image,” 81 Calif. L. Rev. 127 (1993).

[4]Haelan Labs., Inc. v. Topps Chewing Gum, Inc., 202 F.2d 866 (2d Cir. 1953).

[5] Nandita Rao, “Personality Rights in India,” 14 Indian J.L. & Tech. 77 (2022).

LEGAL STATUS OF CRYPTOCURRENCY IN INDIA AND OTHER COUNTRIES

AUTHOR – SOFIA S, STUDENT AT THE TAMIL NADU DR.AMBEDKAR LAW UNIVERSITY

BEST CITATION – SOFIA S, LEGAL STATUS OF CRYPTOCURRENCY IN INDIA AND OTHER COUNTRIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 905-915, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I899

Abstract

Cryptocurrency has emerged as one of the most significant technological and financial innovations of the modern era, fundamentally transforming global financial systems through decentralized blockchain technology. Unlike traditional fiat currencies regulated by central banks, cryptocurrencies operate through peer-to-peer networks without centralized control. While they provide advantages such as transparency, efficiency, global accessibility, and secure transactions, they also raise serious concerns relating to money laundering, cybercrime, tax evasion, financial instability, investor protection, and monetary sovereignty.

This paper examines the legal status of cryptocurrency in India and compares it with regulatory approaches adopted by other countries including the United States, China, Canada, the United Kingdom, Japan, Australia, Singapore, South Korea, Brazil, and the European Union. It analyses the role of the Reserve Bank of India in regulating financial systems and addressing risks posed by private cryptocurrencies. The study highlights the RBI’s cautious approach, including its 2018 circular restricting banking support for cryptocurrency businesses and the landmark decision in Internet and Mobile Association of India v. Reserve Bank of India, where the Supreme Court struck down the circular on grounds of proportionality.

The paper further discusses India’s taxation framework under the Finance Act, 2022, including the 30% tax on crypto gains and 1% TDS provisions, reflecting partial recognition of cryptocurrencies as virtual digital assets without granting them legal tender status. It also examines the RBI’s support for the Central Bank Digital Currency (CBDC), namely the Digital Rupee, as a sovereign alternative to decentralized cryptocurrencies.

Through comparative analysis, the paper identifies major challenges in cryptocurrency regulation such as jurisdictional complexity, cybersecurity risks, market volatility, and regulatory uncertainty. It concludes that India requires a comprehensive and balanced legal framework that promotes innovation while ensuring financial stability, investor protection, anti-money laundering compliance, and effective regulatory coordination among national and international institutions.

DEEPFAKE PORNOGRAPHY AND GENDER-BASED ONLINE VIOLENCE: A CRIMINAL LAW PERSPECTIVE

AUTHOR – KAROLIN C, LL.M (CYBERSPACE LAW AND JUSTICE), SCHOOL OF EXCELLENCE IN LAW, CHENNAI

BEST CITATION – KAROLIN C, EMPLOYMENT INEQUALITY IN THE AGE OF ARTIFICIAL INTELLIGENCE: CHALLENGES AND POLICY RESPONSES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 896-904, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I898

ABSTRACT:

Deepfake pornography is a serious form of online violence against women. It uses intelligence to create fake but realistic sexual videos or images of women and girls without their permission. These fake videos are often shared online to hurt, blackmail or shame the victims causing pain, loss of reputation and health problems. From a law point of view this issue is studied to see how well current laws can deal with it. Most laws on harassment, privacy or revenge porn were made before deepfakes existed. As a result, they often fail to cover videos properly. It’s hard to prove who made the video prove their intention and collect evidence in court. Many victims also face problems because the content spreads quickly across countries.

This paper looks at laws introduced in countries like the United States, United Kingdom, India and the European Union. It examines what works what’s missing and the challenges in catching offenders and holding websites responsible. The study argues that clear specific laws are needed to treat -consensual deepfake pornography as a serious sexual offence. Stronger rules for media platforms quick removal of fake content better police powers and cooperation, between countries are also essential. The main goal should be to protect victims and stop this growing abuse while balancing free speech and privacy rights.