Category: Volume 4 and Issue 1 of 2024

LANGUAGE, MEANING-MAKING, AND LEGAL INTERPRETATION: LITERARY AND LEGAL PARALLELS

AUTHOR – SHIVAM DUBEY, STUDENT AT MAHARASHTRA NATIONAL LAW UNIVERSITY, NAGPUR

BEST CITATION – SHIVAM DUBEY, LANGUAGE, MEANING-MAKING, AND LEGAL INTERPRETATION: LITERARY AND LEGAL PARALLELS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 203-212, APIS – 3920 – 0001 & ISSN – 2583-2344.

1.1           Abstract

The intersection of literature and law offers a captivating arena where language, interpretation, and meaning converge. This paper explores the symbiotic relationship between language and interpretation in both domains, demonstrating how proficiency in one enriches understanding in the other. In literature, language constructs narratives, evokes emotions, and reflects cultural nuances, fostering critical thinking and analytical skills. Similarly, in law, precise language is crucial for drafting statutes and legal documents, with interpretation being essential for their effective application. the paper examines various aspects within the law and literature movement, including depictions of law and legal professionals in literary works and the interpretation of legal texts using literary analysis techniques. It delves into the nuances of meaning-making in both literature and legal contexts, exploring semantic, contextual, and intended meanings. Parallels between literary and legal interpretation are highlighted, emphasizing shared challenges like ambiguity and subjectivity, alongside distinct methodologies, practical implications for legal practice and literary analysis are discussed, illustrating how insights from one discipline can inform the other. For example, lawyers can use literary analysis techniques to enhance persuasion in legal arguments, while literary scholars can gain new perspectives on justice and morality through an understanding of legal theory. overall, the paper reveals the dynamic interplay between language, meaning-making, and interpretation in literature and law, offering a comprehensive examination of their interconnectedness. By bridging the gap between these disciplines, it provides valuable insights into how language shapes narratives, constructs legal frameworks, and influences societal norms in intricate ways.

Keywords- ambiguity, critical thinking, cultural nuances, interdisciplinary, interpretation, language, legal practice, legal texts, literary analysis, literature, meaning-making, subjectivity, symbiotic relationship.

RELATED PARTY TRANSACTIONS: JOURNEY FROM COMPANIES ACT, 1956 AND LISTING AGREEMENT TO COMPANIES ACT, 2013 AND SEBI (LISTING OBLIGATIONS AND DISCLOSURE REQUIREMENTS) REGULATIONS, 2015

AUTHOR – AMIT CHAURASIA, COMPANY SECRETARY AT JK LAKSHMI CEMENT LIMITED

BEST CITATION – AMIT CHAURASIA, RELATED PARTY TRANSACTIONS: JOURNEY FROM COMPANIES ACT, 1956 AND LISTING AGREEMENT TO COMPANIES ACT, 2013 AND SEBI (LISTING OBLIGATIONS AND DISCLOSURE REQUIREMENTS) REGULATIONS, 2015, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 182-202, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This Article outline the journey of Indian Corporate Sector with respect to Related Party Transactions (“RPTs”) from the era of Companies Act, 1956 (1 of 1956), hereinafter referred as “Act 1956” and Listing Agreement with the Stock Exchanges to the Companies Act, 2013 (18 of 2013), hereinafter referred as “Act 2013” and SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 (“LODR”) to understand the difference between the repealed legislations and current legislations. This Article also outline in brief the relevant provisions related to RPTs prescribed under the Act 1956 and Listing Agreement with the Stock Exchanges and current Act 2013 and LODR to understand the present law and procedure involved therein. This Article will also help to understand how the provisions relating to RPTs were indirectly present under the Act 1956 and directly through Accounting Standard issued by Institute of Chartered Accountants of India (‘ICAI’) and Listing Agreement with the Stock Exchanges and how the indirect provisions relating to RPTs saw the light of the day in the form of Act 2013 and became more robust under the LODR and new Accounting Standard.

ENFORCEMENT OF ARBITRAL AWARDS: CHALLENGES AND SOLUTIONS IN CROSS-BORDER DISPUTES

AUTHOR – KUSHAL MAJUMDAR, STUDENT AT IILM UNIVERSITY, GREATER NOIDA

BEST CITATION – KUSHAL MAJUMDAR, ENFORCEMENT OF ARBITRAL AWARDS: CHALLENGES AND SOLUTIONS IN CROSS-BORDER DISPUTES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 157-167, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

The enforcement of arbitral awards in cross-border disputes^[1] is a critical aspect of international commercial arbitration, ensuring the effectiveness and legitimacy of the arbitral process^[2]. This research paper examines the challenges encountered in enforcing arbitral awards across different jurisdictions and proposes innovative solutions to address these challenges.

The paper begins with an overview of the legal framework governing the enforcement of arbitral awards, focusing on the New York Convention^[3] and regional conventions, as well as domestic laws^[4]. It highlights the lack of harmonization and uniformity in enforcement procedures as a primary challenge, along with issues such as sovereign immunity, anti-arbitration sentiment, and jurisdictional complexities.

Jurisdictional issues, including determining the competent court for enforcement proceedings and managing parallel proceedings, are explored in detail. The paper also delves into recognition and public policy considerations, analyzing grounds for refusal of enforcement based on public policy and examining notable cases in this context.

Practical challenges faced by parties in enforcing arbitral awards, such as financial constraints, delays, and difficulties in locating assets, are discussed. The paper then proposes innovative solutions and best practices, including the use of third-party funding, insurance, and blockchain technology to streamline enforcement processes.

Case studies are presented to illustrate real-world challenges and successful enforcement strategies, providing valuable insights and lessons learned. The paper concludes with recommendations for improving enforcement mechanisms and promoting greater enforceability of arbitral awards globally, emphasizing the importance of collaboration among stakeholders and continued efforts to enhance the efficiency of cross-border enforcement procedures.

Key Words: New York Convention, Enforcement of Commercial Arbitration, Public Policy, Jurisdiction, Public Interest, International Recognition, International Trade, Third-Party Funding, Blockchain Technology.

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[1] M. Garcia & S. Lee, “ Legal Frameworks for Cross – Border Dispute Resolution in Global Business” 15(3) Journal of International Law pp. 102-115 (2022).

[2] J. Smith, “ The Arbitral Process: A Comprehensive Analysis” 5(2) Journal of Arbitration Studies pp. 45-60 (2023).

[3] New York Arbitration Convention, available at: https://www.newyorkconvention.org/ (Last visited on March 31 2024).

[4] The Arbitration and Conciliation Act, 1996 ( Act 26 of 1996).

RELATED PARTY TRANSACTIONS LAW: WHETHER GOVERNANCE OR BURDEN ON LISTED ENTITIES AND ITS IMPACT ON EASE OF DOING BUSINESS

AUTHOR – AMIT CHAURASIA, COMPANY SECRETARY AT JK LAKSHMI CEMENT LIMITED

BEST CITATION – AMIT CHAURASIA, RELATED PARTY TRANSACTIONS LAW: WHETHER GOVERNANCE OR BURDEN ON LISTED ENTITIES AND ITS IMPACT ON EASE OF DOING BUSINESS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 168-181, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The concept of Related Party Transactions (“RPTs”) is not a subject matter that has attracted the minds of lawmakers for the first time under the Companies Act, 2013 (1 of 2013), hereinafter referred as “Act 2013” or under the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 (“LODR”). From time immemorial, across several jurisdictions world over, this subject has drawn significant attention. The provisions of RPTs indirectly in the form of “Interested Party Transactions” were present under the Companies Act, 1956 (1 of 1956), hereinafter referred as Act 1956 and directly in the Listing Agreement with the Stock Exchanges, both since repealed with Act 2013 and LODR respectively. Similarly, Accounting Standard (AS) 18 and Indian AS (IndAS 18) issued by the Institute of Chartered Accountants of India (‘ICAI’) also prescribes disclosure of Related Party and relationships with them coupled RPTs in the Financial Statements of the Company. This Article outlines the law relating to RPTs applicable to Listed Entities(i.e. whose Shares and/ or Debentures are listed on Indian Stock Exchanges) and whether such law is a step towards better Governance of the Indian companies or has become burden for such companies coupled with increase in compliance cost. Listed companies in addition the Act 2013 and Rules made thereunder are also required to comply the provisions of LODR and the relevant Circulars issued by Securities and Exchange Board of India (‘SEBI’) from to time. The recent amendments carried out in the LODR through SEBI (Listing Obligations and Disclosure Requirements) (Sixth Amendment) Regulations, 2021, with effect from 1^st April 2022, no doubt is  another step of the Market Regulator to improve the standard of Corporate Governance of Listed Entities, but such Entities at the same time are also facing the practical and interpretational issues to comply these amended norms and directly or indirectly becoming a challenge to comply the amended norms, thereby in some manner affecting the Government of India’s mission of improve the Indian’s rank in the world for ‘Ease of Doing Business’. Partially, these amendments have breached the boundaries of India and travelled beyond India to become applicable indirectly to the entities incorporated outside India and thus, raises a question whether these amendments are constitutional or not?

THE PSYCHO-SOCIAL AND LEGAL ASPECTS BEHIND CRIMES IN A SOCIETY

AUTHOR – KUSHAL MAJUMDAR, STUDENT AT IILM UNIVERSITY, GREATER NOIDA

BEST CITATION – KUSHAL MAJUMDAR, THE PSYCHO-SOCIAL AND LEGAL ASPECTS BEHIND CRIMES IN A SOCIETY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 151-156, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

The aim of this paper is to uphold the very framework of the society in order to scrutinize and provide an in-depth knowledge about the psychological and sociological aspects that surround the occurrence of crimes within an individual within this framework. Therefore, the purpose of this paper narrows down the key elements within the said subject while keeping its approach individualistic, dynamic and thus suitable for a wide range.

Keywords: Behavioral influences, cognitive response, Strain theory, Critical criminology, Forensic psychology, Insanity defense, Juvenile Justice Laws, Sociological aspects, crime, deviance, strain theory, social learning theories, conflict theory, societal structures, norms.

LAW OF SEDITION

AUTHOR – NIHAL JAISWAL, STUDENT AT ADAMAS UNIVERSITY BARASAT WEST BENGAL

BEST CITATION – NIHAL JAISWAL, LAW OF SEDITION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 148-150, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

Every citizen has been given freedom to speak and express their views under Article 19(1)(a) of the Indian Constitution. However, this freedom is not absolute and some reasonable restrictions have been imposed on freedom of speech and expression under Article 19(2). But when a person does an act by his words, signs or representation which is held to be contemptuous towards the Government, then such act is punishable under section 124-A of Indian Penal Code, 1860. Sedition is an offence that criminalizes speech that is regarded to be disloyal to or threatening to the state. The provision of Section 124A is very wide and it covers the act of defamation of the Government excluding any criticism in good faith of any particular measures or acts of administration.

MISCONCEPTIONS OF WOMEN’S RIGHTS IN ISLAM AND ITS REFUTATIONS

AUTHOR – SIMRAN SINGH, STUDENT AT XAVIER LAW SCHOOL, XIM UNIVERSITY, BHUBANESWAR

BEST CITATION – SIMRAN SINGH, MISCONCEPTIONS OF WOMEN’S RIGHTS IN ISLAM AND ITS REFUTATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 143-147, APIS – 3920 – 0001 & ISSN – 2583-2344.

Introduction

The status of women in Islam is a topic that has long been the subject of intense debate and controversy, both within the Muslim community and in the wider global context. In the Western world, in particular, the perception of Islam as a “sexist” religion is a common misconception, often fueled by a lack of understanding and misinterpretations of Islamic teachings. This article aims to address this issue by pinpointing the most prevalent misconceptions about women’s rights in Islam and providing pertinent counterarguments, drawing upon the sources of Islamic law.

ROLE OF CRIMINAL PSYCHOLOGY AND THEORIES IN UNDERSTANDING CRIMINAL BEHAVIOUR

AUTHOR – NIHAL JAISWAL, STUDENT AT ADAMAS UNIVERSITY BARASAT WEST BENGAL

BEST CITATION – NIHAL JAISWAL, ROLE OF CRIMINAL PSYCHOLOGY AND THEORIES IN UNDERSTANDING CRIMINAL BEHAVIOUR, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 134-142, APIS – 3920 – 0001 & ISSN – 2583-2344.

Introduction

Criminal psychologists have been portrayed in our minds in very intriguing ways in television shows and movies like “Criminal Minds.” The reality, on the other hand, is very different from what these movies and web series show. A desk job for a criminal psychologist requires the psychologist to conduct research and look through various previous case files. In contrast to web series and movies, where the criminal psychologist participates actively in each case and visits every crime scene, criminal psychologists rarely work on a case and only when requested by the concerned officers.

EUTHANASIA AND ITS SOCIETAL IMPLICATIONS: A RESEARCH PAPER

AUTHOR – BLESSEN TOM CYRIAC, STUDENT AT SCHOOL OF LAW CHRIST DEEMED TO BE UNIVERSITY, BENGALURU

BEST CITATION – BLESSEN TOM CYRIAC, EUTHANASIA AND ITS SOCIETAL IMPLICATIONS: A RESEARCH PAPER, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 127-133, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This paper examines the ethical issues surrounding euthanasia and assisted suicide, which have been widely debated by various stakeholders, such as physicians, legal experts, and the public. Through this paper, the author intends to provide an updated and comprehensive review of the relevant facts and arguments, as well as to clarify some common misconceptions and confusions. It adopts a narrative approach that follows the main line of reasoning that euthanasia is morally wrong and should not be legalized. It also discusses the potential risks and harms of legalizing euthanasia, and the alternative options that respect the dignity and autonomy of patients. The paper is intended for health-care professionals and general public who need to be well-informed and ethically competent in dealing with end-of-life decisions.

Keywords: Euthanasia, Physicians, Self-determination, Physician-assisted suicide

BAN ON ELECTORAL BONDS

AUTHOR – S. KABILAN, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – S. KABILAN, BAN ON ELECTORAL BONDS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 121-126, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The introduction of electoral bonds in India aimed to overhaul the opaque system of political funding by providing a structured mechanism for donations while preserving donor anonymity. However, concerns quickly arose regarding the potential for abuse and lack of transparency inherent in the scheme. These concerns led to a landmark legal case challenging the constitutional validity of electoral bonds, with petitioners arguing that the scheme violated the right to information and undermined the principles of free and fair elections.Prior to the introduction of electoral bonds, political parties relied heavily on donations from undisclosed sources, leading to concerns about black money influencing the democratic process. While existing regulations mandated reporting of donations exceeding a certain threshold, loopholes allowed for substantial undisclosed contributions, raising questions about accountability and ethical governance.

The case, Association for Democratic Reforms & anr. Vs. Union of India^[1] heard in the Supreme Court of India, attracted attention from various stakeholders, including non-governmental organizations and regulatory bodies like the Reserve Bank of India and the Election Commission of India. The court’s observations highlighted the risks associated with electoral bonds, including the influence of corporations on policy-making and the infringement of voters’ rights. Ultimately, the Supreme Court delivered a verdict declaring the electoral bond scheme unconstitutional, mandating transparency measures to disclose bond purchases and donor information. This decision represents a significant milestone in India’s electoral finance reform, emphasizing the importance of transparency, accountability, and democratic principles in the political funding process.

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[1] 2024 INSC 113