“UNDERSTANDING LEAVE AND LICENSE AGREEMENTS IN INDIAN LAW”

AUTHOR – MS PRERANA PRADEEP BANSODE, STUDENT AT DECCAN EDUCATION SOCIETY’S SHRI NAVALMAL FIRODIA LAW COLLEGE, SAVITRIBAI PHULE PUNE UNIVERSITY, PUNE

BEST CITATION – MS PRERANA PRADEEP BANSODE, “UNDERSTANDING LEAVE AND LICENSE AGREEMENTS IN INDIAN LAW”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 887-895, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Understanding Leave and License Agreements in Indian Law

“In the world of property dealings, leave and license agreements serve as the perfect balance between access and control, redefining the dynamics of temporary property usage in India.” The concept of leave and license agreements in Indian law originates from the Indian Easements Act, 1882, which distinguishes a “license” from a “lease.” Leave and license agreements in India today are widely used for temporary property arrangements, particularly in urban housing and commercial spaces. Governed by the Indian Easements Act, 1882, they offer flexibility without transferring ownership rights. Leave and license agreements in Indian law, governed by the Indian Easements Act, 1882, allow temporary use of a property without transferring ownership or interest. Unlike leases, these agreements provide flexibility for licensors and licensees, making them ideal for short-term arrangements in housing and commercial sectors. Mandatory registration and stamp duty, especially in states like Maharashtra, ensure legal clarity and prevent disputes. Judicial interpretations and technological advancements like e-registration have further streamlined the use in India’s evolving real estate landscape. Ambiguities in distinguishing leave and license agreements from leases, inconsistent state regulations, and challenges in enforcement complicate their use in India. Analyzing legal frameworks, precedents, and practical challenges to bridge gaps between theory and practice. Ambiguities in distinguishing leave and license agreements from leases, inconsistent state regulations, and challenges in enforcement complicate the use in India. This research analyzes legal frameworks, precedents, and practical challenges to bridge gaps between theory and practice. The aim is to analyze the legal framework and practical challenges of leave and license agreements in Indian law, with the objective of distinguishing them from leases, addressing enforcement issues, and proposing measures for improved clarity and consistency in their application.

THE DECLINE OF MENS REA IN STRICT LIABILITY OFFENCES: IMPLICATIONS FOR CRIMINAL RESPONSIBILITY

AUTHOR – SHIKHA MISHRA, LL.M (CRIMINAL LAW) AT AMITY INSTITUTE OF ADVANCED LEGAL STUDIES AMITY UNIVERSITY, NOIDA

BEST CITATION – SHIKHA MISHRA, THE DECLINE OF MENS REA IN STRICT LIABILITY OFFENCES: IMPLICATIONS FOR CRIMINAL RESPONSIBILITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 884-886, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The principle of mens rea, or the guilty mind, has historically been the moral foundation of criminal liability. Rooted in the idea that one cannot be guilty without both a wrongful act and a guilty mind, criminal law traditionally required proof of both. However, the growing recognition and application of strict liability offences marks a significant shift from this foundational principle. In strict liability crimes, liability is imposed without needing to prove intent, knowledge, recklessness, or negligence. This paper critically examines the development of strict liability offences and their effects on the doctrine of mens rea. It analyzes whether these offences dilute criminal responsibility. Through doctrinal analysis, comparative law, and case law from India, the United Kingdom, and the United States, the paper argues that while strict liability serves essential regulatory and public welfare goals, its unchecked growth risks undermining fairness, moral responsibility, and the legitimacy of criminal law. The paper concludes by recommending a careful and principled use of strict liability, supported by safeguards to prevent the erosion of fundamental principles in criminal law.

KEYWORDS: Mens rea, Strict liability, Criminal responsibility, Public welfare offences, Moral culpability, Regulatory crimes, Criminal law, Fault principle 3

CYBER LAW AND CYBER CRIME IN INDIA: A COMPREHENSIVE LEGAL ANALYSIS

AUTHOR – ANKUR CHAUDHARY* & DR.JUHI SAXENA**

* STUDENT AT AMITY UNIVERSITY UTTAR PRADESH, LUCKNOW CAMPUS

** ASSISTANT PROFESSOR -II AT AMITY LAW SCHOOL, AMITY UNIVERSITY(U.P.) LUCKNOW CAMPUS

BEST CITATION – ANKUR CHAUDHARY & DR.JUHI SAXENA, CYBER LAW AND CYBER CRIME IN INDIA: A COMPREHENSIVE LEGAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 876-883, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

India recorded 65,893 registered cyber crime cases during 2023, a figure that represents a 24.4 per cent increase over the preceding year and that law enforcement specialists regard as a significant undercount of true incidence. Against this backdrop, the adequacy of India’s substantive legal framework for cyber crime takes on particular urgency. The primary statute governing cyber crime in India remains the Information Technology Act, 2000, a law drafted chiefly to facilitate e-commerce and digital governance rather than to address criminal conduct. Its criminal provisions were incorporated at a late stage and have required successive amendments to keep pace with the technology they were designed to regulate. The 2008 amendments, the three new criminal codes enacted in 2023, and the Digital Personal Data Protection Act of the same year have each added further layers without resolving the foundational problem: India does not have a coherent, purpose-designed cyber crime statute. The present paper examines whether the existing legislative architecture is adequate to the contemporary threat environment, how courts have interpreted its provisions, and what specific reforms are urgently needed to address these persistent gaps. The analysis draws on the doctrinal tradition established by Karnika Seth and Pavan Duggal, whose scholarship on the IT Act provides the foundational interpretive framework within which subsequent judicial and legislative developments must be understood. The paper proceeds through conceptual framework, legislative analysis, judicial interpretation, specific offence categories, institutional architecture, and comparative study before concluding with targeted recommendations for reform. Throughout, particular attention is paid to the interaction between criminal enforcement and constitutional rights, a tension that has defined Indian cyber law since the Supreme Court landmark decision in Shreya Singhal v. Union of India. The article, based on doctrinal and comparative research methodology, contributes to a better understanding of cyber crime governance in India and the direction in which legislative and institutional reforms must proceed to meet the demands of a rapidly evolving digital threat landscape.

Keywords: Cyber Crime; Information Technology Act, 2000; Judicial Interpretation; Digital Evidence; Constitutional Rights; Cyber Security; Comparative Law; Legislative Reform; Personal Data Protection; Intermediary Liability

“STUDY OF STATE RESPONSIBILITY TO PROTECT ENVIRONMENT”

AUTHOR –  MISS. DIPALI  S. SHINDE. LL.M STUDENT OF DES’C SHREE NAVALMAL FIRODIYA LAW COLLEGE PUNE

BEST CITATION – MISS. DIPALI  S. SHINDE, “STUDY OF STATE RESPONSIBILITY TO PROTECT ENVIRONMENT”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 865-875, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract,

The study of state responsibility  to protect the envornment explores how nations are legally and ethically obligated to prevent envornment harm and uphold international conveservation commitments. The “conventions on biological diversity” is a legal agreement between countries to protect biodiversity. The Convention on Biological Diversity is an international treaty foucused on conserving biodiversity, promoting its sustainable use and ensuring fair sharing of benefits from genetic resources. The convention biological diversity applies globally, across all ecosystems, species and genetic resources, promoting collaboration among countries to address biodiversity loss.

The Convention on Biological Diversity has 196 parties (countries and the European Union) as of now, making it one of the most widely ratified treaties in the world. The researchar will can turn Deforestation into Reforestation by planting tree’s, restoring land and using sustainable practices. Investigate how the source of electricity for electric vehicle ( renewables vs fossil fuels ) affects their overall contribution to global warming. The research will provide insights into how change over to natural gas, hydrogen gas, and electric vehicle’s can mitigate climate change and reduce global warming potential. This research will focused on the international state’s environment to refer on convention on biological diversity. It will also include the focus on principal of state responsibility, environmental issues, legal framework, policy approaches and environmental challenges.

Key Words :-  Principal of State Responsibility, Environmental issues, legal framework, Policy approaches,  Environmental challenges.

SPORTS BETTING: JUDICIAL INTERPRETATION AND LEGAL CHALLENGES IN INDIA

AUTHOR – INDU SINGH* & DR. TAPAN KUMAR CHANDOLA**

* LL.M (CONSTITUTIONAL LAW), AMITY LAW SCHOOL LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

** PROFESSOR & DIRECTOR AMITY LAW SCHOOL LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

BEST CITATION – INDU SINGH & DR. TAPAN KUMAR CHANDOLA, SPORTS BETTING: JUDICIAL INTERPRETATION AND LEGAL CHALLENGES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 857-867, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/OKXM4852

ABSTRACT

This paper explores the jurisprudential evolution of gaming and sports betting laws in India, analyzing the ongoing conflict between archaic colonial statutes and the dynamic realities of the digital economy. Historically, the Indian judiciary has served as the de facto regulator of the industry, establishing the “preponderance of skill” test to distinguish between constitutionally protected business activities under Article 19(1)(g) and prohibited games of chance (res extra commercium). Through a comprehensive analysis of landmark judgments—ranging from R.M.D. Chamarbaugwala (1957) to Varun Gumber (2017)—the research traces how the courts have consistently defended skill-based digital and physical enterprises against disproportionate and arbitrary state-level bans.

However, the paper highlights a contemporary constitutional crisis triggered by the recent enactment of the Promotion and Regulation of Online Gaming Act (PROGA), 2025. By imposing a blanket prohibition on all “Online Money Games” regardless of the underlying skill element, PROGA 2025 seeks to override decades of established judicial precedent. The study critically evaluates the ongoing legal challenges to the Act, specifically focusing on the Union’s legislative competence, the disruption of the federal structure, and the violation of fundamental rights. Finally, it examines the counterproductive outcomes of this prohibitionist legislative approach, notably the proliferation of a $100 billion offshore shadow market and the inadvertent criminalization of legitimate professional sports. The paper concludes that the upcoming 2026 Supreme Court hearings will be a watershed moment, determining both the survival of a multi-billion-dollar industry and the boundaries of parliamentary power over State subjects in the digital age.

Keywords: Sports Betting, Games of Skill vs. Chance, PROGA 2025, Judicial Interpretation, Article 19(1)(g)

ALTERNATIVE DISPUTE RESOLUTION IN LAND DISPUTE RESOLUTION: LEGAL FRAMEWORK, JUDICIAL TRENDS, AND CONTEMPORARY CHALLENGES

AUTHOR – ADV. SANSKRUTI ANITA SURYAKANT GAWALI,

LLM STUDENT AT DES NAVALMAL FIRODIA LAW COLLEGE & PARLIAMENTARY AND LEGISLATIVE RESEARCH ASSOCIATE TO THE MEMBER OF PARLIAMENT, RESEARCH HEAD FOR AN NGO [CONSUMER PROTECTION]

BEST CITATION – ADV. SANSKRUTI ANITA SURYAKANT GAWALI, ALTERNATIVE DISPUTE RESOLUTION IN LAND DISPUTE RESOLUTION: LEGAL FRAMEWORK, JUDICIAL TRENDS, AND CONTEMPORARY CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 849-856, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Land disputes constitute one of the most pervasive and contentious categories of civil litigation in India, burdening an already overwhelmed judiciary with prolonged proceedings, escalating costs, and uncertain outcomes. This article examines the role of Alternative Dispute Resolution (ADR) mechanisms — namely arbitration, mediation, conciliation, and Lok Adalats — in addressing land-related conflicts, including boundary disputes, title contests, family partition suits, landlord-tenant disagreements, and compensation disputes arising out of compulsory land acquisition. The article traces the statutory framework underpinning ADR in India, analyses landmark and recent judicial pronouncements, surveys the transformative impact of the Mediation Act, 2023, and identifies contemporary challenges and the trajectory of reforms. It concludes that a robust, institutionalised, and context-sensitive ADR ecosystem is essential to delivering timely, equitable, and lasting resolution of land disputes in India.

Keywords: Alternative Dispute Resolution, Land Disputes, Mediation Act 2023, Arbitration, Lok Adalats, Land Acquisition, Section 89 CPC, Judicial Trends.

PRESCRIPTION DRUG ABUSE IN INDIA

AUTHOR – SNEHA.P.V* & MS.T.VAISHALI**

* LAW STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR.AMBEDKAR LAW UNIVERSITY

** ASSISTANT PROFESSOR OF LAW AT DEPARTMENT OF CRIMINAL LAW AND CRIMINAL JUSTICE ADMINISTRATION, SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR.AMBEDKAR LAW UNIVERSITY

BEST CITATION – SNEHA.P.V & MS.T.VAISHALI, PRESCRIPTION DRUG ABUSE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 836-848, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

Prescription drug abuse has emerged as a significant public health and socio-legal concern across the world. While prescription medicines are essential for the treatment and management of various medical conditions, their misuse beyond the scope of medical supervision has raised serious legal, ethical, and health-related challenges. Prescription drug abuse includes the use of prescribed medicines without a valid prescription, consumption in higher doses than prescribed, prolonged use, or use for non-medical or recreational purposes. Such misuse can lead to dependence, addiction, severe health complications, and in extreme cases, death. The problem is further aggravated by factors such as easy availability of medicines, lack of awareness regarding their addictive potential, and inadequate regulatory monitoring.

From a legal perspective, prescription drug abuse presents complex challenges as it involves substances that are lawful when used for legitimate medical purposes but unlawful when misused. In India, the regulation of prescription drugs is primarily governed by the Drugs and Cosmetics Act, 1940 and the Narcotic Drugs and Psychotropic Substances Act, 1985, which aim to control the manufacture, distribution, possession, and use of drugs with abuse potential. This study adopts a doctrinal research approach to examine the concept, nature, and socio-legal implications of prescription drug abuse in India. It further analyses the criminal liability of users, medical practitioners, and pharmacists, along with the role of professional regulation in preventing misuse.

The study also evaluates relevant judicial decisions and highlights the challenges faced in the enforcement of drug control laws. It argues that although the existing legal framework provides substantial regulatory mechanisms, gaps in enforcement, over-prescription, and unauthorized sale of medicines continue to contribute to the problem. The paper concludes that addressing prescription drug abuse requires a balanced approach combining stronger regulatory oversight, professional accountability, public awareness, and rehabilitation-oriented policies. Such an integrated strategy is necessary to prevent misuse while ensuring access to essential medicines and safeguarding public health.

FISCAL FEDERALISM AND CENTRALIZING DRIFT: A COMPARATIVE STUDY OF INDIA’S GST COUNCIL AND SOUTH AFRICA’S EQUITABLE SHARE SYSTEM

AUTHORS- NIGHAT FATIMA* & DR AXITA SRIVASTAVA**

* LL.M (CONSTITUTIONAL LAW), AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

** ASSISTANT PROFESSOR OF LAW, AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

BEST CITATION – NIGHAT FATIMA & DR AXITA SRIVASTAVA, FISCAL FEDERALISM AND CENTRALIZING DRIFT: A COMPARATIVE STUDY OF INDIA’S GST COUNCIL AND SOUTH AFRICA’S EQUITABLE SHARE SYSTEM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 827-835, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/MSEQ6976

ABSTRACT

This research paper provides an exhaustive comparative analysis of the phenomenon of ‘centralizing drift’ within the fiscal federalism frameworks of India and South Africa. Despite divergent constitutional categorizations India as a ‘Union of States’ with a federal superstructure and South Africa as a unitary state with distinctive ‘spheres’ of government both nations exhibit a pronounced trajectory toward fiscal centralization. This study interrogates the institutional mechanisms facilitating this drift: India’s Goods and Services Tax (GST) Council and South Africa’s Equitable Share system. Through a doctrinal and socio-legal analysis of primary constitutional texts, including the Constitution of India 1950 and the Constitution of the Republic of South Africa 1996, alongside pivotal judicial pronouncements such as Union of India v Mohit Minerals Pvt Ltd^[1] and Uthukela District Municipality v President of the Republic of South Africa,^[2] the report demonstrates how ‘cooperative federalism’ is frequently deployed as a rhetorical device to obscure structural coercion. The analysis reveals that while India’s centralization is constitutionally codified through the 101st Amendment and the voting asymmetry of the GST Council, South Africa’s centralization is functionally entrenched through extreme vertical fiscal imbalances and the subordination of provincial autonomy to the National Treasury. The paper concludes that the preservation of subnational autonomy in both jurisdictions requires a paradigmatic shift from purely ‘cooperative’ models to frameworks that institutionalize ‘uncooperative’ contestation and robust fiscal capacity at the periphery.

---

[1] Union of India v Mohit Minerals Pvt Ltd (2022) SCC OnLine SC 657.

[2] Uthukela District Municipality v President of the Republic of South Africa 2003 (1) SA 678 (CC).

ARTIFICIAL INTELLIGENCE AND LAW: OPPORTUNITIES, CHALLENGES, AND REGULATORY IMPLICATIONS

AUTHOS – ADITYA PANDEY* & ABHISHEK MISHRA**

* STUDENT AT AMITY UNIVERSITY LUCKNOW

** PROFESSOR AT AMITY UNIVERSITY LUCKNOW

BEST CITATION – ADITYA PANDEY & ABHISHEK MISHRA, ARTIFICIAL INTELLIGENCE AND LAW: OPPORTUNITIES, CHALLENGES, AND REGULATORY IMPLICATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 822-826, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/BLQJ9545

Abstract

Artificial Intelligence has emerged as one of the most influential technological developments of the modern era, significantly impacting a wide range of professional sectors, including the legal field. The growing use of intelligent computer systems has transformed traditional legal practices by assisting lawyers, judges, and legal researchers in managing large volumes of legal information. Modern digital tools are now capable of analyzing complex legal documents, identifying relevant case laws, and supporting legal decision-making processes with greater speed and accuracy than traditional methods.

The integration of advanced technologies into the legal profession has led to improvements in efficiency, productivity, and accessibility of legal services. Tasks that previously required extensive manual effort, such as document review, contract analysis, and legal research, can now be performed more quickly with the assistance of automated systems. As a result, legal professionals are able to devote more time to strategic thinking, interpretation of laws, and client interaction.

Despite these advantages, the increasing reliance on technological systems in legal environments also raises several important concerns. Issues related to fairness, transparency, accountability, and data protection have become significant topics of discussion among researchers, policymakers, and legal practitioners. Questions arise regarding how automated systems make decisions, whether they can reproduce existing biases present in legal data, and how responsibility should be assigned when technological tools influence legal outcomes.

This research paper examines the relationship between modern intelligent technologies and the legal system by exploring their practical applications, advantages, potential risks, and regulatory implications. The study relies on qualitative analysis of existing academic literature, policy reports, and legal technology studies to understand current developments in this field. The findings indicate that while technological innovation has the potential to improve the efficiency and accessibility of legal services, it must be implemented with appropriate safeguards and regulatory oversight

Keywords

Artificial Intelligence, Law, Legal Technology, Machine Learning, Legal Analytics, AI Regulation, Digital Justice

FROM BRAIN DRAIN TO BRAIN RETENTION: DESIGNING A SUSTAINABLE LABOUR MODEL FOR INDIA

AUTHOR – SAIPRASATH S, B.B.A. LL.B. (HONS.), VIT SCHOOL OF LAW, VELLORE INSTITUTE OF TECHNOLOGY, CHENNAI

BEST CITATION – SAIPRASATH S, FROM BRAIN DRAIN TO BRAIN RETENTION: DESIGNING A SUSTAINABLE LABOUR MODEL FOR INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 810-821, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

India, as a diverse nation with a vast population and an average literacy rate of approximately 80 percent, has historically functioned as a major exporter of labour. Despite possessing significant future potential, India continues to remain a developing economy, partly due to the persistent outflow of human capital to foreign labour markets. This migration deprives the nation of two critical assets: first, the potential for domestic technological development and innovation, which directly contributes to national progress; and second, the skilled and unskilled workforce—including lawyers, doctors, engineers, entrepreneurs, and foundational labourers—whose services are essential to economic growth and nation-building.

This paper examines the legal and policy frameworks governing labour mobility and explores how India can transition from a labour-exporting nation to one that promotes labour retention, brain gain, and structured brain circulation. It analyses the role of legislative reforms, labour laws, and institutional mechanisms in creating a sustainable domestic employment ecosystem capable of retaining talent while simultaneously attracting global human capital.

KEYWORDS: labor exporter, Human Capital, Migration, Technology, Skilled and Unskilled, brain gain, brain circulation