Category: Volume 3 and Issue 1 of 2023

ELECTORAL OFFENCES AND THE ROLE OF GOVERNMENT MACHINERY

Author – Hardik Gupta, Student of NMIMS

Best Citation – Hardik Gupta, ELECTORAL OFFENCES AND THE ROLE OF GOVERNMENT MACHINERY, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 537-549, ISSN – 2583-2344

ABSTRACT

The election is the time when the chances of offenses being committed are higher and thus to control these offenses high security is maintained in the area where the election is taking place. Some of these offenses are cognizable and some a non-cognizable. The list of offenses related to elections is big but we will see the offenses mentioned in this paper. The offenses related to elections are committed mainly with the object to infringe or affect the outcome of the result of elections. The government machinery which includes the SP, DSP, and collectors play an important role in the elections as the election commission is an independent body and thus it has to rely on these officials for elections. Also, the government of the day has a huge role to play in the elections and thus it becomes important to study the policies and schemes of government regarding elections under the classes of constitutional principles. The courts play an important role in bringing electoral reforms and fueling the vehicle of democracy to run further by the judgment related to disclosure of criminal records and financial statistics of the candidate and even striking of laws which are inconsistent with the constitution

A SOCIO LEGAL STATUS OF ACID ATTACK VIS- A -VIS A GENDER BASED VIOLENCE IN INDIA

Author – Priyanshu Kumar, Student at CHRIST (Deemed to be University), Delhi NCR Campus & Maanyata Mishra, Lloyd Law College, Delhi-NCR

Best Citation – Priyanshu Kumar & Maanyata Mishra, A SOCIO LEGAL STATUS OF ACID ATTACK VIS- A -VIS A GENDER BASED VIOLENCE IN INDIA, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 531-536, ISSN – 2583-2344.

ABSTRACT

India has become a serious victim of the heinous crime of acid attack, especially on women in the past decade. A brutal crime committed with the intention of killing, disfiguring or maiming the victim is an acid attack. An acid attack poses a serious threat to an individual’s dignity and existence. Fundamental rights for Indian citizens are guaranteed by the Indian constitution. It gives its citizens the right to be free, live free, express themselves freely, and move freely. It also gives them the right to speak out against discrimination based on gender, race, sex, caste, or religion. However, the heinous act of acid attack is a form of violence and discrimination based on gender, particularly against women. Acid attacks are defined as “any act of throwing acid or using acid in any form on the victim with the intention of or with knowledge that such person is likely to cause permanent or partial damage, deformity or disfigurement to any part of such person’s body” . According to the National commission of India, the perpetrator’s motivation to commit such a heinous crime is rejection of marriage proposal, rejection of love, property disputes and gender discrimination. Acid attacks on young women are increasing day by day. The stricter regulation of acid attacks imposed by the Criminal Law (Amendment) Act of 2013 and the guidelines of the Supreme court of India, the total number of acid attacks in 2014 increased by 300%.  This paper deals with the heinous crime of acid attack and gender-based violence against women in India.

Keywords: Acid Attack, Violence, Gender-Based Violence

Cadbury Report and Corporate Governance: – Indian Perspective.

Author – Shubhankar Buche, LLM scholar from Manav Rachna University, Faridabad (NCR)

Best Citation – Shubhankar Buche, Cadbury Report and Corporate Governance: – Indian Perspective, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 524-530, ISSN – 2583-2344.

Abstract

With the development of corporate regulations and its arrangements, in beyond years and years, there lies a portion of the fundamental monetary and essential functional difficulties among the heads of an association. Any certain organization can perform up to the fullest when all the resources including the economic aspect is taken into consideration. In December 1992, the Cadbury Panel distributed their Code of Best Practice. The proposals, which to a great extent reflected apparent best practice at that point, included isolating the jobs of president and director, having at least three non-chief chiefs on the board and the detailing of review councils. The practices which are mainly concerned within the Cadbury Code are financial and certain structure of decision-makers in the company which can influence the entire working culture of that particular company. The Code likewise pushed that a more dynamic job be taken by institutional financial backers in the advancement of good practice in Corporate Governance.

This article talks about how organization issues might be (to some extent) settled by corporate administration, surveys the proof on consistence with the Cadbury Code and inspects the connection between board construction and firm execution, searching for proof that the Code has improved board execution. It also mentions the guidelines and recommendations furnished by Cadbury Committee and Green Cover Board Report regarding the distinction between the roles of several executives working within same organization. The author has also relied upon the foreign provisions such as the Sarbanes Oxley Act, 2002, Smith Report, Green bury Report, and the Hampel Board of Trustees Report. While there is no observational proof of a relationship between board design and firm worth, there is some proof that consistence with the Cadbury proposals improves board oversight regarding the control of bookkeeping numbers and the discipline of the top leader.

Keywords: – Cadbury Code, Corporate Governance, Code of Best Practice

­Impact of Globalization on Corporate Failures & Corporate Governance

Authors: Dr. Christabell Joseph, Associate Professor at Christ University, Bangalore & Steffi Desousa, Student at ICFAI University, Hyderabad

Best Citation – Dr. Christabell Joseph & & Steffi Desousa, Impact of Globalization on Corporate Failures & Corporate Governance, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 519-523, ISSN – 2583-2344.

Abstract

“Where globalization means, as it so often does, the rich and powerful now have new means to further enrich and empower themselves at the cost of the poorer and weaker, we have a responsibility to protest in the name of the universal freedom”- Nelson Mandela

Globalization has been the quintessential element of business since liberalization of trade and privatization of commerce in 1991. It holds great weightage over the community, competition, technology, environment, lifestyle, commerce, trade and economy of the world. Any component which has such eminent power also has the responsibility to be sustainable to all of its stakeholders. It is necessary to note that Corporations are an indispensible part of the globalized community. Industrialization was the seed which blossomed into corporatization which fructified into globalization. Hence, there is the necessity to regulate the corporate way of trade and commerce with the communal life, this gives rise to Corporate Governance. This form of regulation ensures the humanitarian facet of the prosperity oriented corporate society and holds them accountable for any communal wrongs which affect population. Corporate governance is that which acts as a conscience and that which encourages corporations to care about the greater good. This paper focuses on how globalization has impacted corporate governance and the challenges it faces, in the form of corporate failures. The author aims at suggesting ways to better the relationship between Corporate governance  and Globalization, as both are inseparable sides to the same coin.

KeyWords:  Globalization, Corporate governance, Corporate failures, Corporate accountability, MNC

Study On Pledge By Non Owen

Authors: K. Antony, Student of Saveetha School of Law, Saveetha University

Best Citation – K. Antony, Study On Pledge By Non Owen, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 507-518, ISSN – 2583-2344.

ABSTRACT

A pledge of land is that the equivalent of the English weish mortgage wherever possession of land is given to the grownup either for an explicit or indefinite amount. Pledges of land are of two types: non-self liquidating pledge and self- liquidating pledge. Non- self liquidating pledge arises wherever the owner or occupier of land, in thought for an advance of cash or money value offers possession and use of a chunk of land to the pledgee human till he the pledgor repays the loan. Self liquidating pledge or term pledge applies during a scenario wherever the pledgor doesn’t ought to pay any cash so as to redeem for redemption is automatic in most cases particularly once the expiration of a given time-frame. A pledge of land is an autochthonous reasonably mortgage by that an owner occupier of land so as to secure an advance of cash or money’s value offers possession and use of the land to the pledge human till the debt is absolutely discharged; A pledge in customary law is akin to some reference to a mortgage in common law. Even with the origination of the land Use Act the character of a pledge has not modified, as what’s concerned during a pledge is simply a right of occupancy . a right to the possession and use of the land. The pledge confers sure rights on each the grownup and also the pledgor in relevancy the land. All the rights are customary law rights, because the pledge could be a customary law dealing.

KEYWORDS: Pledge,possession,customary,law,rights,owner

A STUDY ON PRINCIPAL RIGHTS AGAINSTS AGENTS

Authors: G. Bose, Student of Saveetha School of Law, Saveetha University

Best Citation – G. Bose,, A STUDY ON PRINCIPAL RIGHTS AGAINSTS AGENTS, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 499-506, ISSN – 2583-2344.

Abstract

Under customary law, an operator is just qualified for compensation for his administrations as a specialist if the details of the organization understanding so give. Where the organization understanding does not explicitly accommodate installment of compensation to the specialist, and there is a question between the head and operator with regards to one side to guarantee any compensation and the sum and terms of installment of such compensation, the court may need to decide whether, on the realities of the case, there are any suggested terms in regard of the equivalent in the office understanding.  In choosing whether there are any inferred terms in regard of any issues in an organization understanding, the court will have respect to every one of the conditions of the case, for example, the nature and length of the administrations given by the specialist, the express terms of the office understanding, the traditions and practices of the calling or exchange of the operator, any past course of dealings between the head and the operator, and so forth. In the business world, if administrations are rendered by the operator and acknowledged by the head, there is regularly

Keywords: Agents, rights, against, principal.

APPLICATION OF NARCO ANALYSIS IN CRIMINAL JUSTICE SYSTEM IN INDIA: AN ANALYTICAL PERSPECTIVE

Authors: Sharmista Sigdel, Ph.D Scholar, Sikkim University

Best Citation – Sharmista Sigdel, APPLICATION OF NARCO ANALYSIS IN CRIMINAL JUSTICE SYSTEM IN INDIA: AN ANALYTICAL PERSPECTIVE, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 490-498, ISSN – 2583-2344.

Abstract

The development of science and technology has made it necessary for investigators to rely on numerous scientific deception methods. The goal of which is to identify and associate criminals with the crime. One such field that has become increasingly important in recent years in criminal investigations is forensic science. Although remarkably, the discipline of forensic science incorporates several distinctive aspects of the period in which it has been used, there is also a little more to it than first appears. The application of narcoanalysis in the criminal justice system is a modern breakthrough in this scientific field that has significant implications for the criminal justice system in India. Hence, a detailed analysis of the nature of these new forensic science techniques shall be undertaken. Narco analysis, which applies science to criminal legislation during the criminal inquiry, is incomprehensible. There is a likelihood of injustice occurring because the validity and reliability of narco analysis are sustained in light of the issues in which it was administered and this needs to be verified as the efficacy of the test is yet to be recognized.  Individual liberty is a major issue in the current criminal justice system, as crimes have become commonplace and criminals are taking advantage of the defects of the legal system.  The modus operandi involved in narco analysis remains using drugs as psychoactive measures used to extract information from the subjects who are incapable of shelling out. However, it has been claimed that the judicial system adopted a unified approach to the use of this procedure and provided a notion of conditional use, making it clear that neither the process nor its application in every criminal case could be overlooked.  This paper provides a brief analytical approach to the application of the narco analysis in criminology.

Keywords: Constitution, Criminal Justice, Deception, Evidence, Investigation, Narco analysis, Scientific techniques

“CONSTITUTIONAL VALIDITY OF JUDICIAL REVIEW AND THE RISK OF JUDICIAL OVERREACH”

Authors: Himasree Bommishetty & M. Bhuvaneswari Ram, Students of DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

Best Citation – Himasree Bommishetty & M. Bhuvaneswari Ram, “CONSTITUTIONAL VALIDITY OF JUDICIAL REVIEW AND THE RISK OF JUDICIAL OVERREACH”, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 484-489, ISSN – 2583-2344.

ABSTRACT

In every Government, three organs are distinct from each other. They are Legislative, Executive, and Judiciary. The role of the Legislative organ of the State makes laws, the executive organ enforces the laws, and the Judiciary interprets, applies them, and reviews the laws.  Each organ while performing their specific powers and responsibilities they tend to intrude with the other branch functions. Thus, without overlapping with the functions and duties of other organs, The Indian Constitution draws a line between the three organs of the Indian Government by introducing a concept called the Separation of powers. They provide checks and balances to ensure that there is a separation of power, so no single organ has too much power over the other. The Judiciary plays a pivotal role among the other three branches because it has a responsibility to maintain the balance between the powers of other branches. The Judiciary should perform its functions and act like an independent and impartial body to protect the citizens’ rights and maintain the balance between the authorities. Further, in this article, we discuss in detail the concepts of Judicial Review and Judicial Overreach.

Live – In Relationship in India

Authors: Divyanshi singh, Student of SVKM NMIMS KIRIT P. MEHTA SCHOOL OF LAW

Best Citation – Divyanshi singh, Live – In Relationship in India, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 479-483, ISSN – 2583-2344.

ABSTRACT

An unmarried couple living together in a long-term relationship that resembles marriage is known as a live-in relationship. It’s referred to as cohabitation in everyday speech. The law grants married people a number of rights and privileges in an effort to uphold and promote marriage. These rights and privileges are not conferred through cohabitation. In a live-in relationship, two people voluntarily decide to live together in order to maintain a long-term connection that mimics marriage. In this essay, the legal and sociological perspectives on cohabitation in India are analysed, with a focus on the status of women in such relationships.

DATA PROTECTION BILL: A CRITICAL STUDY

Authors: Abhijit Ghosh, Student of School of Law, CHRIST (Deemed to be) University

Best Citation – Abhijit Ghosh, DATA PROTECTION BILL: A CRITICAL STUDY, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 471-478, ISSN – 2583-2344.

ABSTRACT

This paper aims to shed light on various data protection-related provisions in Indian laws. The development of technology has made it possible for devices that are connected to the internet to collect user data, sometimes even without the user’s knowledge. Concerns over the right to privacy have arisen as a result of this. In order to understand the gaps in Indian law, a comparative analysis with other legal systems has also been conducted. These days, it is common to hear public employees threaten privacy in the name of “Procedure Established by Law” or “Public Duty,” two concepts that are arguably the most important to human survival on this planet. A person’s right to privacy, which is essentially what Article 21 of our Indian Constitution guarantees, is as essential to a peaceful life with dignity and freedom as oxygen is to the human body. The fundamental connections between data protection and privacy make them a very important and delicate area of law today. To address this issue The Data Protection Bill 2021 is the result of the Joint Parliamentary Committee’s report on the Personal Data Protection Bill of 2019, which was recommended to it. Both personal and non-personal data are covered under the Bill. Since its inception, the Bill has come under fire for being skewed in favour of the company collecting the data and for potentially having serious problems with user rights. Globally, data privacy laws have properly given users primary control over data gathering and consent.

Keywords: Privacy, Rights, Data, Data protection rights, Constitution