Category: Volume 3 and Issue 1 of 2023

CRITICAL ANALYSIS OF ADOPTION UNDER MUSLIM LAW

Authors: HARSHADI RAJESH PATEL, Student of SYMBIOSIS LAW SCHOOL, HYDERABAD

Best Citation – HARSHADI RAJESH PATEL, CRITICAL ANALYSIS OF ADOPTION UNDER MUSLIM LAW, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 141-147, ISSN – 2583-2344.

ABSTRACT

Due to COVID, which resulted in many of the children losing both of their parents, adoption level increased in today’s society. The significance of adoption has been widely acknowledged, and many people view it as a noble deed. Adoption is frequently chosen by couples who are unable to have children naturally for various reasons. So, why does Islam or Muslim law forbid adoption in its faith at this age where in comparison every other religion promotes it? This research paper looks at the history of the well-known prophet Mohammad and tries to explain why Muslim law forbids adoption in its culture. During his reign, the Prophet Mohammad expressed a range of views on adoption. This research study cites numerous books, papers, and written works in order to understand learn about various legal scholars’ perspectives and how they interpret the prohibition on adoption. This research paper will also examine the current state of adoption rights in India and how they are being used, as well as how they have changed in relation to Muslim law in particular and whether or not the society is accepting of these changes. Finally, this paper will examine whether the Muslim legal system currently in place is adequate to address the adoption procedure, as well as the inheritance, legacy, and lineage rights of the adopted kid and the adoptive parents. As the ideas are Sunnah (what is perceived to be the consensus), there has been relatively little research on the rights of adoption in Muslim law.

KEYWORDS: Adoption, Muslim Law, Quran, Sponsoring, Inheritance.

CONSTITUTIONAL SAFEGUARDS TO CIVIL SERVANTS

Authors: ALEENA MARIA MONCY, Student of Christ (Deemed to be University)

Best Citation – ALEENA MARIA MONCY, CONSTITUTIONAL SAFEGUARDS TO CIVIL SERVANTS, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 134-140, ISSN – 2583-2344.

ABSTRACT

In this evolving era, there has been an increase in the demand for civil servants where special emphasis on the conduct of civil servants has been given. The rules and legislations concerning the conduct and safeguards for civil servants has been an issue of concern where various developments have been made based on changing conditions. This paper focuses on the constitutional safeguards concerning civil servants where the rules, regulations, legislations and so on are discussed. The researcher has emphasized on various processes like disciplinary proceedings where an in-depth analysis on the same has been done with the help of different case laws. As civil servants have an integral role in the overall functioning of the society, the significance of safeguarding their interest has been studied considering the surrounding circumstances. The services made available to people by the civil servants as per their needs and requirements are regulated through use of effective rules and laws. The main focus of the researcher is on the safeguards provided to the civil servants where apt measures are taken to enhance the overall functioning of the system.

The processes concerning administrative officials and civil servants have been discussed in this paper where the researcher has analyzed various instances to explain the functions and operations carried out by such authorities. Here the researcher has analyzed various conditions in which the dismissal or removal of civil servants can be done along with other exceptions to get a clear idea on the same. As there is a significant role for the civil servants in the present society, the researcher has analyzed the concept with the help of different case laws and legal provisions to develop an enhanced understanding about the services provided by civil servants. In this paper, various provisions in the Constitution of India have been analyzed to understand the application of the same with exceptions. The changes in the nature of the civil services can have an impact on the overall functioning of various systems in the society which is carefully analyzed to conduct a better study on various related aspects.

KEYWORDS Safeguards, constitutional remedies, authority, civil servants

Chronicle Causes for the Failure of the Afghan Government: Past Imperfect and Future Tense of Afghanistan

Authors: Prof. (Dr.) TR Maruthi, Professor of Law, University of Mysore

Best Citation – Prof. (Dr.) TR Maruthi, Chronicle Causes for the Failure of the Afghan Government: Past Imperfect and Future Tense of Afghanistan, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 128-133, ISSN – 2583-2344.

Abstract

This article examines the chronicle causes that fuelled the collapse of the Afghan government and the contention of this paper is to highlight what went wrong, that Afghanistan experienced with the failure of the Constitution 2004 and the republic also dissolved.  The study employed doctrinal legal research in which normative approaches were to evaluate the literature to acquire the required legal propositions. The literature gathered and used in this study will include secondary, primary, and legal documents. Keywords: Afghanistan Crisis, Afghan Government, Taliban regime, and US Withdrawal

Analysis of Cross Border Insolvency in India: A suggestive approach

Authors: Venkata Sai Revanth Rao Maddi & Pranav Deepankar Ketheneni, Students of Alliance University

Best Citation – Venkata Sai Revanth Rao Maddi & Pranav Deepankar Ketheneni, Analysis of Cross Border Insolvency in India: A suggestive approach, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 117-127, ISSN – 2583-2344.

ABSTRACT

In India the regulatory body for all the banks i.e. the banking Centre is Reserve Bank of India which is established under Reserve Bank of India Act 1934 under Hilton Young Commission. It regulates all the commercial banks in the state and controls them by giving licenses to involve in the activities of finance. So, basically it is the “banker to the bank”. In its annual report for the year 2020-21 it has stated that almost crores of money in frauds and Insolvency. And almost 74% of citizens of India who are actually directly depositing their sum in banks have never received the money from the banks through which it was lost in frauds and scandals. This is actually not a good sign for a developing country like India where there is population which is middle class is more and the rate of poverty is more at the same time. If there are no such measures taken and adopted in order to cope with such frauds then it would ultimately lead to financial crisis and the citizens who are actually depositing their sums in banks might change their opinion and slowly lose faith in banks. So, if that is the case the RBI will not have any such control on the currency and banks would not be able to maintain Statutory Liquidity Ration.

So, considering this as a point for our research we would like to analyze two major financial Cross border Insolvency scams in India and the loopholes of such undertaking. Accordingly we would even analyze at the same point of the advantages which were being in favour of such Economic offenders. And then conclude our research with the measures in order which can undertake to avoid them through our analysis.

Keywords: Regulator, Statutory Liquidity Ratio, Financial Fraud, Economic Offenders, Insolvency

An empirical research on provisions related to the health and safety of women garbage collectors in Chennai.

Authors: K. Niranjana Devi, Student of Central University of Tamil Nadu

Best Citation – K. Niranjana Devi, An empirical research on provisions related to the health and safety of women garbage collectors in Chennai, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 106-116, ISSN – 2583-2344.

Abstract

In India, ragpickers type the bottom of the hierarchy of the informal sector of solid waste management. Assessment of general and gender-specific health of women is conducted during this study seeable of the dearth of revealed proof. India is a well-developing country at the same time lots of problems occurred in India. In India, there are lots of provisions related to women. Much of women’s work has traditionally been carried out within the context of the family:  growing food on a family plot; finding fuel, gathering water and preparing foods for family  members; spinning, weaving, and sewing the garments worn by that family; cooking and washing  for the family and looking after its children and its sick and elderly members. As women move beyond their traditional occupations, they meet new health hazards which may  either replace or add to their existing occupational exposure. Women’s labour force participation  rates have increased steadily, and not only in industrialized countries. The dramatic economic  successes of the newly industrialized states of Asia, for example, are substantially a reflection of  the increasing feminization of labour in this region. In these economies, female workforce  participation rates increased far more rapidly than male from the 1960s, although their jobs were  largely less-skilled and poorly paid. Women workers formed the largest pool of workers in  export-oriented light industries, such as electronics and textiles, which underpinned economic expansion and conditions. In this research, the author mainly takes surveys from 1500 people and analyses whether garbage collectors have safety gloves and other safety equipment with them and how they have ensured safety from health disorders.

KEYWORDS: Management, labour force, women, garbage, hazard.

AN ANALYSIS OF ATTEMPT UNDER PENAL LAWS

Authors: ADITYA RAJ PANDEY, Student of SYMBIOSIS LAW SCHOOL, HYDERABAD

Best Citation – ADITYA RAJ PANDEY, AN ANALYSIS OF ATTEMPT UNDER PENAL LAWS, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 100-105, ISSN – 2583-2344.

ABSTRACT

Attempt, an offence and now a days very debatable topic as well. The main debate is to decide the punishment for the attempt, as it is also considered as a crime under Indian penal Code. Attempt is a an inchoate crime whose literal meaning is those crimes or wrongs which is just started or it is in budding stage only. By adding some more to inchoate crimes, we can say that it can be left unfinished or just incomplete. Now, as we all know that everything which is wrongful or which violates any law is a punishable and hence we called it as a crime. With the objective to tackle the rate of crimes and hence to lowered it, we passed and enacted some set of rules and regulations by the name of Indian Penal Code. These set of rules was passed during the pre independence period and since then we are applying IPC to punish the wrongdoers. Indian Penal Code contains different punishments for various different crimes but there are always some dilemmas when it comes to attempt to commit any crime. Attempt in general sense, it the efforts we made for the completion of any work. In this research paper, we try to define attempt in the better manner and also try to study on attempt in the more thorough and comprehensive way possible. 

Keywords – Inchoate Crimes, Attempt, Mens Rea, Actus Reus.

ADVENT OF ONLINE DISPUTE RESOLUTION IN INDIA

Authors: K Veena Subashree, Student of Christ School of Law, Bengaluru

Best Citation – K Veena Subashree, ADVENT OF ONLINE DISPUTE RESOLUTION IN INDIA, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 88-99, ISSN – 2583-2344.

ABSTRACT

The current eminence of online dispute resolution is gaining momentum and pace, regarding the pandemic period and the post pandemic period in the modern world. Though the expeditious growth of Online Dispute Resolution was a result of pandemic, it served quite the significant change in the current set up of dispute settlement sphere. The basic intent of this kind of mechanism is to negotiate and resolve disputes between parties, who are either restricted by distance or are in a need to seek a solution that fits all. The process of online arbitration in depth regarding electronic forms of mediation, conciliation, negotiation, med- arbitration and few others are given importance. The paper also throws light on some of the relevant provisions under various acts regarding the given topic. It tends to examine the relatable case laws and current trends coming into the digital market, with the rise of wave of innovation. With the influence of technology, e-governance has gone a long way in making the dispute settlement process more effective and reliable in recent times. The paper shall also focus on covering the shortcomings of the present provisions, and drawbacks of the mechanism and give recommendations to the same. Moreover, emphasis shall also be laid on the suggestions as to what more new innovative things can be incorporated in order to make the process of online arbitration run more smoothly and effectively.

Key words:  convenience of parties, witness tampering, collaborative mechanism, legal framework, synchronized communications.

A STUDY ON THIRD PARTY FUNDING IN COMMERCIAL ARBITRATION

Authors: Elamathi. J & Soorya. S, Students of Christ (Deemed to be University), Bangalore

Best Citation – Elamathi. J & Soorya. S, A STUDY ON THIRD PARTY FUNDING IN COMMERCIAL ARBITRATION, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 78-87, ISSN – 2583-2344.

Abstract:

The growth of third-party funding is inevitable given the complexity of international commercial disputes and the variety of requests for dispute resolution. The third-party funding model compensates for the absence of a legal aid system in the arbitration field, which indirectly enhances the quality of arbitration trials, thereby promoting the better development of arbitration as a dispute settlement method. It also provides investment opportunities for the funders and shares the financial burden and arbitration risks with the parties to disputes. However, the practice of arbitration also faces considerable difficulties due to resulting conflicts of interest, case confidentiality, enforcement issues, and other dangers. Therefore, it is essential to set up reliable regulatory frameworks to safeguard the advancement of third-party finance models. The hazards that the model faces in practice are examined in this study, and the pertinent issues that prevent the model from developing more effectively are made clear. This foundation allows for the consideration of all subjects’ interests, the detailed regulation of each stage of the process, and the overall organisation of the “regulation” of third-party funding.

Keywords: Arbitration, Third party funding

POLLEN AS EVIDENCE

Authors: Alpesh Kumar, Students of CHANAKYA NATIONAL LAW UNIVERSITY PATNA

Best Citation – Alpesh Kumar, POLLEN AS EVIDENCE, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 71-77, ISSN – 2583-2344.

Abstract: –

Pollen from spermatophytes, fungi, ferns, and bryophytes, as well as other organic-walled microfossils like dinoflagellates and acritarches, are all included under the umbrella term palynomorph. The area of forensic botany has been significantly impacted by developments in plant genetics. More lately, forensic paleontology has been effectively utilized and applied to criminal inquiry. Pollen DNA profiling has yet to be used in forensic investigations, nevertheless.

Pollen was once used as a sort of botanical dust debris in several forensic examinations that used dust traces. Comparative morphological information, hints to unanticipated elements of breeding systems, pollination biology, and hybridization can all be found in the study of pollen grains.[1]

To better comprehend the conditions necessary for its development, forensic palynology is examined in relation to other forensic sciences. Additionally, recent developments are examined. Palynomorphs have the potential to produce great trace evidence since they may transmit, remain, and be detected with ease. Palynological evidence can offer incredibly strong associative and investigative evidence. Nevertheless, the effectiveness of palynology in forensic research has been uneven. There are numerous anecdotal instances when pollen evidence has achieved outstanding results.

But because it is labor-intensive, takes a great deal of knowledge and experience, lacks oversight over sample collection, lacks proper resources and funding, and is not widely renowned for its ability to solve crimes, it is grossly underutilized in most countries. Palynology has been applied to forensic issues in an unorganized manner, leaving the basic ideas without systematic debate. There is a need to establish palynological evidence through validation-type investigations and experiments, the introduction of independent proficiency testing, and the reevaluation of the acceptability of most evidence forms in the current legal climate.[2]

Keywords – Pollen, Evidence, Palynology, Forensic, Investigation

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[1] Mildenhall, D., Wiltshire, P.E. & Bryant, V.M. (2006). Forensic palynology: why do it and how it works, Forensic Science International

[2] Woodhouse, R.P. (1935). Pollen Grains, McGraw Hill, New York

CRIME SCENE INVESTIGATION & TECHNICIANS

Authors: S.INDHU, Student of KARNATAKA STATE LAW UNIVERSITY & DR.N.KARTHIKEYAN, CLINICAL CARDIOLOGIST OF SREE ABIRAMI HOSPITAL PRIVATE LIMITED

Best Citation – S.INDHU, CRIME SCENE INVESTIGATION & TECHNICIANS, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 64-70, ISSN – 2583-2344.

ABSTRACT

                Crime Scene Investigation is primarily a collection of information and evidence or can be said as the reconstruction of a past event to identify or apprehend a suspect and to convict the same. Crime Scene Investigation involves a series of processes and deductions to connect a person to the crime. In this paper, we are explaining the importance of Forensic Technicians aiding in the process of identifying, apprehending, and deducting crime. Expert Analysis is highly availed by crime scene investigators in solving crimes and utilizing scientific methods to process the crime more efficiently. In a crime scene, the place of occurrence of a crime is considered to be three-dimensional and the evidence is scattered around the crime scene. Various Forensic Technicians are brought into service by the investigative officers to interpret multiple aspects of a crime scene. In this technological era, crimes being committed had also evolved alongside other developments and traditional investigation methods do not help in solving the crime nor convicting the suspect the investigators require cybercrime experts to deduce the crime and to find the source of the crime. Similarly, every Crime has advanced and criminals are adopting new methods in the commission of crimes. Forensic Technicians provide evidentiary support to connect a person to the crime scene and make it easier for the Justice system to conclude. The Forensic Community is of a wide range consisting of conglomerates of experts aiding the investigators by providing factual assertions and opinions about a crime. This paper primarily focuses on all the Forensic Expert Communities and their support in interpreting a crime. In addition to this, the paper also explains various forensic technics adopted by the experts in processing a crime scene and the latest development in forensic technologies that are being availed by Crime Scene Investigators.

Keywords: crime scene, fingerprint. Latent, patent, toxins, drugs, posions, autopsy, projectile, residues, firearms,arson, radioassay, spectroscopy