THE PROTECTION OF CONSUMERS’ RIGHTS IN BANGLADESH: A CRITICAL LEGAL ANALYSIS

AUTHOR – SAYED JUBAYED MD MUBTASIM, LLM SCHOLAR AT UNESCO MADANJEET SINGH SOUTH ASIAN INSTITUTE OF ADVANCED LEGAL AND HUMAN RIGHTS STUDIES (UMSAILS) IN COLLABORATION WITH UNIVERSITY OF ASIA PACIFIC (UAP)

BEST CITATION – SAYED JUBAYED MD MUBTASIM, THE PROTECTION OF CONSUMERS’ RIGHTS IN BANGLADESH: A CRITICAL LEGAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 189-200, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Consumers’ rights protection is an essential component of modern legal systems that strives to protect consumers’ interests and well-being, and it is a significant area of legal study that involves examining the procedures, concepts, and issues surrounding consumers’ rights protection. The primary focus of this monograph is the present scenario for consumer rights protection in Bangladesh and conduct critical analysis of consumer rights practices in Bangladesh. In this regard, the Consumers’ Rights Protection Act (CRPA) of 2009 has been thoroughly looked at in this study. The analysis is concentrated on critically analyzing the legal framework, enforcement mechanisms, and potential reforms, with the aim of contributing to the ongoing discourse on consumer rights protection, ultimately seeking to improve consumer well-being and promote fairness and accountability in consumers’ transactions. Following an analysis, this paper finds some significant gaps in the legislative framework of consumer rights protection in Bangladesh and suggests some solutions of addressing the gap.

KEY WORDS: Consumer Rights, Legal Framework, Concerned Authority

DIGITAL COMPETITION BILL, 2024: A REVIEW

AUTHORS – KARANDEEP SINGH* & DR. AJAYMEET SINGH**, LL.M. STUDENT* AND ASSOCIATE PROFESSOR AT CHANDIGARH UNIVERSITY, MOHALI

BEST CITATION – KARANDEEP SINGH & DR. AJAYMEET SINGH, DIGITAL COMPETITION BILL, 2024: A REVIEW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 182-188, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The ecosystem around us is no more natural, it has turned digital. The extensive use of technology and the rapid expansion of digital businesses have profoundly impacted Indian society and the economy. Digitalization has significantly transformed how consumers interact with each other and with providers of goods and services. This shift offers numerous pro-competitive benefits, such as fostering innovation and the creation of new products and services through market contestability and fair practices. The current ex-post framework under the Competition Act, 2002, feels to have become inefficient as markets are now not traditional but digital. It is therefore, The Ministry of Corporate Affairs established the Committee on Digital Competition Law to review the current regime under the Competition Act, 2002, and assess whether an ex-ante framework would solve the problem or not. The Committee has drafted this Digital Competition Bill and has engaged in consultations with key stakeholders and analyzed both domestic legal structures and international regulatory practices for digital service regulation. This research paper seeks to review the whole landscape behind the changes into the Indian Competition Law jurisprudence.  

Keywords: Digitalization, Ex-ante, Market, antitrust, Competition Act, Digital Competition Bill.

“MEDICAL TOURISM: INDIA’s EMERGENCE AS A PRIME PLAYER”

AUTHOR – DHANUSH.K, STUDENT AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES, (SIMATS), CHENNAI-77

BEST CITATION – DHANUSH.K, “MEDICAL TOURISM: INDIA’s EMERGENCE AS A PRIME PLAYER”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 174-181, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Medical tourism is a growing sector in the healthcare industry. Due to globalisation and the development of technology, foreigners are willing to travel to other nations and obtain medical treatment for the fraction of the price that it would originally cost in their country. Although medical tourism isn’t a recent phenomenon it has existed during the Greek and Roman empire’s peak. The aim of this paper is to understand India’s role in medical tourism, its reason for popularity and its significance as an important destination. For the purpose of this study, descriptive research is used to accurately portray the public opinion on the importance and significance of medical tourism. Convenient sampling method is used to collect the samples. Independent variables are age,gender and occupation. Dependent variables are ‘India as a destination for medical tourism’, ‘India a major hub’ and ‘benefits of medical tourism’.

Keywords: Medical, Tourism, health, healthcare, globalisation, Treatment

GRAMATICAL INTERPRETATION OF STATUTES

AUTHOR – DEVANADHAN.R, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, CHENNAI

BEST CITATION – DEVANADHAN.R, GRAMATICAL INTERPRETATION OF STATUTES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 168-173, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

                                This research is intent to analysis the recent trend of the one of the basic rules of interpretation of statutes, which is Primary rule or grammatical rule of interpretation. It is the one of the oldest methods of interpretation adopted by the judiciary. “The primary principle of interpretation dictates that the language within a text should be understood according to its everyday, literal meaning. If this interpretation renders the meaning unmistakably clear and free of ambiguity, then the provision of a statute must be upheld, irrespective of the resulting implications. The fundamental principle underscores that the legislature’s intent in crafting provisions is conveyed through the language employed, subject to the rules of grammar. This principle stands as the most reliable guide in statutory interpretation, as it allows the court to discern legislative intent solely from the wording and structure of the statute. In accordance with this principle, the court’s sole responsibility is to enforce the statute if its language is clear and unambiguous, without delving into potential repercussions. The court’s duty is strictly to elucidate the law as written; any adverse effects must be addressed through legislative action rather than judicial intervention.Top of Form this article th This article deals with Features and subsidiary rule of the interpretation; how the courts are used this rule in recent days and the points kept in mind while applying this rule.

SECTION 184(6) OF BNSS VS SECTION 164A (6) OF CRPC FOCUSING ON TIME-BOUND MEDICAL EXAMINATIONS

Author – SHARUK AHAMED.S, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, CHENNAI

BEST CITATION – SHARUK AHAMED.S, SECTION 184(6) OF BNSS VS SECTION 164A (6) OF CRPC FOCUSING ON TIME-BOUND MEDICAL EXAMINATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 159-167, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

This comparative study examines the provisions governing time-bound medical examinations under Section 184(6) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and Section 164A(6) of the Code of Criminal Procedure (CrPC), 1973. Both sections address the necessity of prompt medical examinations in criminal cases, particularly sexual assault, but differ in their legislative intent, scope, and procedural requirements. This paper explores the legal obligations imposed on law enforcement and medical professionals, highlighting how these sections protect the rights of victims by ensuring timely medical documentation.

The research compares the legal frameworks, focusing on the statutory language, time frames, procedural safeguards, and the consequences of non-compliance. Additionally, the study analyzes judicial interpretations and case laws that have shaped the enforcement of these provisions. Through a critical examination of challenges faced in implementation, particularly resource constraints and inter-agency coordination, the article proposes practical recommendations for harmonizing BNSS and CrPC. It emphasizes the importance of training, technological infrastructure, and compliance mechanisms to improve the efficacy of medical examinations in securing justice for victims.

A STUDY ON ROLE OF WRITS IN RELEVANCE TO ADMINISTRATIVE LAW IN INDIA

AUTHOR – K.YUKTHANKITHA, STUDENT AT SCHOOL OF EXCELLECE IN LAW,THE TAMILNADU DR.AMBEDKAR LAW UNIVERSITY,CHENNAI.

BEST CITATION – K.YUKTHANKITHA, A STUDY ON ROLE OF WRITS IN RELEVENCE TO ADMINISTRATIVE LAW IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 145-158, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

 In modern times the strengthening of power of administrative authorities has resulted into different complications and repercussions in socio-economic field in India. The administrative law is that branch of law that keeps the governmental actions within the bounds of law and prevents the enforcement of blatantly bad orders from being derogatory. State not only has the legal duty to protect the rights guaranteed, but also a social duty to compensate the affected, when the state violates these rights. There has been tremendous expansion in the administrative process in our country, which is obvious in a welfare state as a welfare state is basically an administrative state.

Keywords   :  Rule of law, Habeas Corpus, Certiorari, Prohibition, Mandamus, Quo Warranto

RIGHT TO INFORMATION AND ADMINISTRATIVE TRANSPARENCY

AUTHOR – AKSHAYA.R, STUDENT AT THE TAMIL NADU, DR. AMBEDKAR LAW UNIVERSITY (TNDALU), SCHOOL OF EXCELLENCE IN LAW (SOEL).

BEST CITATION – AKSHAYA.R, RIGHT TO INFORMATION AND ADMINISTRATIVE TRANSPARENCY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 139-144, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

The general theme of this research revolves around transparency, the right to information in governance; it deals with a shifting concept of the role of citizens as not just occasional voters but participants in governance, more particularly in local and decentralized levels. The research focuses on accountability and transparency as central components of good governance, whose recognition exists in a variety of international frameworks; one example is the 1992 World Bank report on Governance and Development^[1].

The right to information is framed in terms of its being an important tool that would help establish openness and accountability in public administration. It insists on the right of citizens, stakeholders, and civil society organizations to access information about the operation and decisions from public authorities. This should be necessary to ensure accountability and transparency within the administration for informed decisions to be made by citizens and for the effective exercise of their rights. The research aims to examine the relationship between transparency and a right to information, looks at the situation overseas, and review recent developments in India concerning these rights, especially with the Right to Information Act, 2005^[2].

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[1] World Bank Report on Governance and Development, 1992.

[2] Right to Information Act, 2005.

OILING THE MACHINE OF JUDICIAL REVIEW: MNS ENTERPRISES v. THE DISTRICT COLLECTOR AND THE SCOPE OF CERTIORARI

AUTHOR – SMRITHI ANILKUMAR, THE TAMIL NADU, DR. AMBEDKAR LAW UNIVERSITY (TNDALU), SCHOOL OF EXCELLENCE IN LAW (SOEL).

BEST CITATION – SMRITHI ANILKUMAR, OILING THE MACHINE OF JUDICIAL REVIEW: MNS ENTERPRISES v. THE DISTRICT COLLECTOR AND THE SCOPE OF CERTIORARI, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 134-138, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The legal foundation and importance of the writ of certiorari in the context of administrative law are examined in this article, focussing on how it was used in the case of M/s. MNS Enterprises, Rep. by its Proprietor V. Mohana Priya v. The District Collector, Chengalpet & Ors^[1]. The case began when the fourth respondent, who claimed the petitioner’s lubricant oil distribution company created a public nuisance in a residential neighbourhood, issued an adverse administrative decision against the petitioner. By requesting judicial review via a writ of certiorari, the petitioner contested this ruling on the grounds that the administrative authority had overreached its jurisdiction and had neglected to take pertinent information into account.

This article looks at the fundamental ideas behind the writ of certiorari and how it might be used as a supervisory judicial tool to rectify procedural injustice, illegality, and jurisdictional flaws in administrative decisions. Further, it seeks to explain the conditions under which certiorari is granted by examining the ruling rendered by the High Court of Madras. It focuses on situations where administrative bodies overreach their authority, behave arbitrarily, or disregard due process. The balance between judicial oversight and administrative discretion is also discussed, with an emphasis on how courts prevent the abuse of quasi-judicial powers. In the end, the paper demonstrates how certiorari serves as an essential check on administrative power, guaranteeing that choices pertaining to fundamental rights—like the right to carry on trade—are taken in compliance with the law and justice.

Keywords: Certiorari, Administrative law, procedural fairness, judicial review, MNS Enterprises.

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[1] MNS Enterprises, rep. by its Proprietor V. Mohana Priya v. The District Collector, Chengalpet & Ors., WP No. 1048 of 2024 & WMP. No. 1111 of 2024.

THE IMPACT OF DIGITALISATION (AI) ON ADMINISTRATIVE DECISION MAKING PROCESS AND ACCESS TO JUSTICE

AUTHORS JAGADIP T & ABRARUL ATHIF, STUDENTS AT THE TAMIL NADU, DR. AMBEDKAR LAW UNIVERSITY (TNDALU), SCHOOL OF EXCELLENCE IN LAW (SOEL).

BEST CITATION – JAGADIP T & ABRARUL ATHIF, THE IMPACT OF DIGITALISATION (AI) ON ADMINISTRATIVE DECISION MAKING PROCESS AND ACCESS TO JUSTICE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 123-133, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT                               

Good administration is the foundation for fair and effective government action. In recent times, the digitalization of  executive processes has come decreasingly  current,  promising  effectiveness,  translucency, and enhanced availability. The Nordic countries, known for their advanced digital societies,  give a unique perspective to study the  goods of  digitalization on  executive decision- making processes and access to justice, particularly in the  environment of advanced  weal  countries and robust legal systems. This study investigates  the multifaceted impact of digitalization on  executive decision- making processes and access to justice with a particular focus on Denmark, Finland, Norway, Sweden, and Iceland. It delves into how digitalization has  converted  executive decision- making processes, analysing the  eventuality for increased  effectiveness, streamlined workflows, and enhanced data- driven decision-  timber. Through a comprehensive analysis of policy  fabrics, legal  structures, and empirical data, this  exploration seeks to  interpret the ways in which digital  technologies are reshaping  executive practices and  impacting the delivery of justice. The study begins by examining the  elaboration of digitalization in Nordic  executive laws,  fastening on e government  enterprise and digital technology integration. It explores its  counteraccusations  for  executive decision- making processes, including procedural fairness,  executive discretion, and automated decision- making algorithms. By  espousing a  relative approach, this study aims to identify common trends, challenges, and   openings presented by digitalization in Nordic  executive systems, offering  perceptivity that are  material to both indigenous policymakers and global stakeholders navigating the  complications of digital governance. Eventually, this  exploration contributes to a deeper  understanding of the complex relationship between digitalization,  executive decision-  timber, and access to justice in Nordic States, offering  perceptivity that are  material to ongoing debates  girding  executive modernization and legal  invention in the digital age.

COMMERCIAL LEASE AGREEMENTS IN REFERENCE TO LEGAL IMPLICATIONS AND TENANT RIGHTS”

AUTHOR – MS. SALONI ALLADWAR, STUDENT AT DECCAN EDUCATION SOCIETY’S SHRI. NAVALMAL FIRODIA LAW COLLEGE, PUNE

BEST CITATION – MS. SALONI ALLADWAR, COMMERCIAL LEASE AGREEMENTS IN REFERENCE TO LEGAL IMPLICATIONS AND TENANT RIGHTS”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 117-122, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Leasing Confidence, Shielding Rights: Where Legal Precision Meets Tenant Security. Commercial lease agreements, evolving over time, these agreements have undergone transformations, reflecting shifts in legal frameworks, landlord-tenant dynamics, and a growing emphasis on tenant rights, ultimately shaping the landscape of commercial real estate. Commercial lease agreements, shaped by evolving legal frameworks, currently emphasize increased tenant rights, integrate technology for efficient management, consider sustainability factors, and may reflect the impact of global events such as the COVID-19 pandemic, all within the context of prevailing market trends and economic conditions. Commercial lease agreements are legal contracts governing the rental of business properties. They outline terms such as rent, lease duration, and maintenance responsibilities. Emphasizing tenant rights, these agreements are influenced by evolving legal frameworks and market trends, with considerations for sustainability and the impact of global events, shaping the present landscape of commercial leasing. The research seeks to address gaps in the current understanding of how legal provisions contribute to or hinder the equitable relationship between commercial landlords and tenants, ultimately exploring avenues for enhancing the fairness and efficacy of commercial lease agreements. Evolving legal frameworks significantly impact the equilibrium between landlords and tenants, with the implementation of tenant rights, technological integration, sustainability considerations, and global events playing pivotal roles in shaping the dynamics of commercial lease agreements. Implementing standardized guidelines for commercial lease agreements, incorporating comprehensive legal provisions to bolster tenant rights, enhance transparency, and streamline dispute resolution processes, thereby fostering a more equitable and efficient leasing landscape. To address these challenges the researcher has undertaken the topic to study the meaning and to analyze the impact of legal provisions on tenant rights in commercial lease agreements, identify areas for improvement in the existing framework, and propose reforms aimed at fostering fairness, transparency, and efficiency in the landlord-tenant relationship.

Keywords: Contract, Commercial Agreement, Lease Agreement, Landlord, Tenant.