Category: Volume 4 and Issue 1 of 2024

THE CONVERGENT RISK AND THE NEED OF COMPULSORY INSURANCE: A LEGAL ANALYSIS AND INTERPRETATION UNDER MOTOR VEHICLE ACT, 1988

AUTHOR – ABHISHEK SUNAR, ADVOCATE, DISTRICT & SESSIONS COURTS AND HIGH COURT, GANGTOK- SIKKIM. B.A.LL.B (HONS.), LL.M ( CONSTITUTIONAL & ADMINISTRATIVE LAW), ALLIANCE UNIVERSITY, BENGALURU – KARNATAKA.

BEST CITATION – ABHISHEK SUNAR, THE CONVERGENT RISK AND THE NEED OF COMPULSORY INSURANCE: A LEGAL ANALYSIS AND INTERPRETATION UNDER MOTOR VEHICLE ACT, 1988, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 795-806, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

An Insurance is a contract between the Insurance company and Insured person to indemnify the loss. In the advent of the growing demands of the world economic forums and the banking sectors it has discursively and unrelatedly remained less penetrative to fill the void amongst the esteeming challenges opposed due to compulsory Insurance policies and standards established in  third-party motor insurance claims resulting to inimical factors leading to  impending risk to the people, property, and the society at large. The strenuous policies to minimize the gap of such cautious facets involving risk and aggrandizing stance of the Motor Vehicle legislations including the Act of 1988 are not at par with the evolving trends and the issues compounding from the damages or loss incurred by the victims of an accident or mishaps in their course of employment in any establishment governed by the Workmen Compensation Act, 1923 and the Public Liability Insurance Act, 1991. This paper encapsulates the comprehensive medium to douse the risks and additionally review and evaluate different types of safeguarding mechanisms available to the victims as well as to determine multifaceted Insurances and the risks involved in the context of India. Further, It expounds upon the narratives and foremost effects of compulsory Insurances in the area of motor vehicle accidents claims and the inception of the third- party liability insurances and the pivotal understanding of the principle of no-fault liability. This paper attempts to explore all new adaptations inherited for evolving the compulsory Insurance policies which are still pervasive to the limited understanding of the complexities and methods by which it could be befitting to avoid intangible risks in the present model structure of the Insurance guidelines present in the society and the legal reasonings to corroborate the notion with the help of the decided legislations and cases.

Keywords :- Compulsory Insurance, Mandatory Insurance,  Indemnity, Motor Insurance Risk, Liability, Information Problem, Insolvency.

LEGAL FRAMEWORK FOR PROTECTION OF CHILD ABUSE

AUTHOR – KHUSHI AGARWAL¹ & MRS. AXITA SRIVASTAVA², STUDENT¹ & ASSISTANT PROFESSOR² AT AMITY UNIVERSITY

BEST CITATION – KHUSHI AGARWAL, LEGAL FRAMEWORK FOR PROTECTION OF CHILD ABUSE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 784-794, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTARCT

Child abuse remains a pervasive and distressing issue with profound implications for individuals, families, and societies at large. This abstract provides an overview of the multifaceted nature of child abuse, encompassing its various forms, contributing factors, and far-reaching consequences. The forms of child abuse are diverse, ranging from physical, sexual, and emotional abuse to neglect. Each form inflicts distinct and often overlapping harms on the victim, impeding their physical, emotional, and cognitive development. Moreover, the perpetration of abuse frequently occurs within familial or trusted environments, complicating detection and intervention efforts.

Contributing factors to child abuse are multifactorial and encompass individual, familial, societal, and cultural dimensions. These may include parental stress, substance abuse, socioeconomic disparities, intergenerational transmission of violence, and inadequate support systems. Understanding these factors is crucial for developing targeted prevention and intervention strategies. The impact of child abuse reverberates across the lifespan, affecting not only the immediate well-being of the child but also their long-term health outcomes and socioemotional functioning. Survivors of child abuse often grapple with a myriad of challenges, including mental health disorders, substance abuse, difficulties in forming healthy relationships, and a heightened risk of re-victimization. Efforts to address child abuse require a comprehensive approach that encompasses prevention, early detection, intervention, and support services. Key strategies may include education and awareness campaigns, strengthening child protection policies, enhancing access to mental health services, and promoting resilience-building interventions for both children and families. In conclusion, tackling child abuse necessitates a concerted and multifaceted effort that engages individuals, families, communities, and policymakers. By prioritizing prevention and early intervention, we can strive towards creating safer environments where children can thrive, free from the scourge of abuse.

SHOULD PAROLE BE ABOLISHED? : A COMPARATIVE ANALYSIS

AUTHOR – SHAHANA KHAN, STUDENT AT CHRIST UNIVERSITY, DELHI NCR

BEST CITATION – SHAHANA KHAN, SHOULD PAROLE BE ABOLISHED? : A COMPARATIVE ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 776-783, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The debate over whether to eliminate parole is a nuanced and contentious matter encompassing criminal justice, public safety, and reintegration into society. This research paper conducts a thorough analysis of the arguments both for and against the removal of parole from the criminal justice system. Through an extensive exploration of legal frameworks, historical perspectives, empirical research, and ethical considerations, this study investigates the various aspects of parole and its effects on individuals, communities, and society as a whole. This analysis covers crucial areas, such as the historical progression of parole, its primary objectives of rehabilitation and reintegration, the effectiveness of parole programs in reducing repeat offenses, and the potential hazards linked to releasing offenders prior to completing their sentences, this research probes the socio-economic consequences of parole, evaluating its role in addressing issues such as mass incarceration, racial disparities, and the difficulties faced by formerly incarcerated individuals upon reentry. Additionally, the paper critically assesses the use of discretion in parole decision-making, addressing concerns related to bias and transparency, this study explores global viewpoints on parole, drawing comparisons between its utilization and outcomes in different nations, which provide valuable insights into its potential advantages and disadvantages. Ethical considerations pertaining to the idea of second chances, the rights of victims, and the overall societal cost of parole are also analyzed, the objective of this examination is to offer a comprehensive understanding of the arguments supporting and opposing the abolition of parole. By elucidating the intricacies of parole as a tool in the criminal justice system, this research contributes to the ongoing dialogue concerning its reform and alternative approaches in the pursuit of a just and effective justice system.

ANALYSING THE CRYPTOCURRENCY ON INDIAN ECONOMY

AUTHOR – SAMARPITA DAS, STUDENT OF AMITY INSTITUTE OF ADVANCED LEGAL STUDIES, AMITY UNIVERSITY, NOIDA

BEST CITATION – SAMARPITA DAS, ANALYSING THE CRYPTOCURRENCY ON INDIAN ECONOMY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 771-775, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

A number of the most recent advances in the fields of digital currency, cryptocurrency is a development that has the capacity to simplify the method of making financial transactions abroad. It has been gaining popularity in the global marketplace owing to the reality that it was founded on the blockchain technology, which excludes the likelihood of any central authority intervening in transactions which relies on data maintained on a computer. Cryptocurrency, when compared to traditional financial institutions, possesses a decentralized management structure. Whenever bitcoin first became available to the around the globe market, it made it easier than ever to carry out business across various areas of the entire globe. Additionally, there have already been plenty of countries which have begun to use cryptocurrency as a medium of commerce, and India encompasses the second-greatest adoption rate of cryptocurrencies internationally. Although that, the Reserve Bank of India continues to make it abundantly clear that transactions involving cryptocurrencies are strictly forbidden by law. nevertheless, as the outcome of a ruling made by the Supreme Court of India, bitcoin will now only be treated as an asset, akin to gold; nevertheless, according to Indian law, it has not yet been deemed as an instrument of exchange.  The objective of this study is to examine the concept of cryptocurrency in addition to the legality of cryptocurrency in India along with other countries throughout the globe. In furtherance of the above, the study addresses the lawfulness of cryptocurrencies and the regulatory framework that governs cryptocurrencies.

Keywords: Cryptocurrency, Legality of Cryptocurrency, Cryptocurrency as a medium of commerce, Block Chain Technology.

NAVIGATING THE INTERSECTION OF COMPETITION LAW AND INTELLECTUAL PROPERTY RIGHTS IN INDIA: TOWARDS CLARITY AND BALANCE

AUTHOR – AKRITI GUPTA & RUSHI P UPADHYAY, SCHOOL OF LAW, ALLIANCE UNIVERSITY, BANGALORE

BEST CITATION – AKRITI GUPTA & RUSHI P UPADHYAY, NAVIGATING THE INTERSECTION OF COMPETITION LAW AND INTELLECTUAL PROPERTY RIGHTS IN INDIA: TOWARDS CLARITY AND BALANCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 760-770, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

This paper delves into the nuanced relationship between competition law and intellectual property rights (IPR) in India, particularly focusing on the provisions outlined in §3(5) of the Competition Act. While this section allows IPR holders to impose certain conditions or restrictions to safeguard their rights, the criteria for determining the reasonableness and necessity of such conditions remain ambiguous. Through an analysis of past cases and existing legal discourse, this study underscores the pressing need to revisit competition policy concerns surrounding IPR agreements in India. It argues for greater clarity and predictability in the evaluation process of these conditions to ensure a balanced approach that considers both anti-competitive and pro-competitive effects. Drawing on insights from jurisdictional conflicts and international best practices, the paper proposes the introduction of mandatory consultations between competition law and IP authorities to assess the extent of protection offered by IPR and the necessity of imposed conditions. Furthermore, it emphasizes the importance of considering various factors such as public interest, innovator and licensee positions, innovation strength, and competition effects in evaluating these agreements. To strengthen the application of competition law and IP law, the paper recommends the formulation of comprehensive guidelines by regulatory bodies in consultation with stakeholders, outlining the assessment process under §3(5) of the Competition Act. By advocating for a clearer framework and collaborative approach, this study aims to foster a conducive environment for innovation and competition while safeguarding the rights of intellectual property holders.

Keywords: Competition law, Intellectual property rights, §3(5) of the Competition Act, Reasonableness, Necessity, India, Jurisdictional conflicts, Pro-competitive effects, Anti-competitive effects, Regulatory guidelines.

A DIVERSE STUDY ON IMPLICATION OF ARTIFICIAL INTELLIGENCE ON INTELLECTUAL PROPERTY RIGHTS

AUTHOR – AKASH RANA¹ & Dr. AMIT DHALL², STUDENT¹ & PROFESSOR² AT AMITY LAW SCHOOL, NOIDA

BEST CITATION – AKASH RANA & Dr. AMIT DHALL, A DIVERSE STUDY ON IMPLICATION OF ARTIFICIAL INTELLIGENCE ON INTELLECTUAL PROPERTY RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 710-714, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This paper analyses and evaluates the currently rising involvement of Artificial Intelligence generated creative works and inventions with respect to rising threat towards Intellectual Right infringement. Throughout the study it is put forward how these two worlds have collided and concludes that we are in need of a regime that will help the government address the woes in regard with rising use of intuitive artificial intelligence tools inherent in the current system. Further this paper aims to disclose how India’s Legal Framework will have to put in hard work and a thought process as to how we will adopt the schemed regime so that we can bring out a balance between the artificially intelligent innovations and the rights of users respectively.

Keywords: Artificial Intelligence, Technology, Intellectual property rights, Copyright, Machine learning, Patents

ODR FOR CROSS BORDER DISPUTES: OPPORTUNITY&CHALLENGES

AUTHOR – PRABHAT TOMAR, STUDENT AT IILM UNIVERSITY, GREATER NOIDA

BEST CITATION – PRABHAT TOMAR, ODR FOR CROSS BORDER DISPUTES: OPPORTUNITY&CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 715-727, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Online Dispute Resolution (ODR) offers a promising avenue for addressing the complexities of cross-border disputes, presenting both opportunities and challenges in equal measure. This abstract provides a comprehensive overview of the landscape of ODR for cross-border disputes, delving into key aspects such as its benefits, technological requirements, legal considerations, cultural nuances, security concerns, enforceability challenges, capacity-building needs, case studies, and future trends. ODR stands at the intersection of technology and dispute resolution, offering unique advantages in terms of accessibility, efficiency, and cost-effectiveness. By leveraging online platforms and communication tools, parties can engage in dispute resolution processes from anywhere in the world, reducing time and resource burdens associated with traditional litigation. However, the success of ODR for cross-border disputes hinges on robust technological infrastructure, including secure online platforms and data storage systems that ensure compatibility and accessibility for users from diverse backgrounds and regions. Furthermore, the legal framework governing ODR is complex and multifaceted, involving international conventions, treaties, and regulations. Challenges related to jurisdiction, applicable law, and enforcement necessitate careful consideration to ensure fairness and accountability in ODR outcomes. Cultural and linguistic differences pose additional challenges for ODR processes, requiring sensitivity and adaptability to accommodate diverse perspectives and communication styles. Strategies for overcoming language barriers and promoting cultural understanding are essential to foster trust and cooperation among parties. Data security, privacy, and confidentiality are paramount in ODR for cross-border disputes, necessitating robust measures to protect sensitive information and comply with relevant data protection regulations. Ensuring the integrity and confidentiality of ODR proceedings is crucial to maintain trust and credibility in the process. Moreover, the enforceability of ODR awards across different jurisdictions and legal systems is a key consideration for parties involved in cross-border disputes. Mechanisms for enforcing ODR outcomes, including the recognition and enforcement of arbitral awards under international treaties, play a critical role in ensuring compliance and accountability. Capacity-building and training initiatives are essential to promote awareness and adoption of ODR for cross-border disputes among legal practitioners, mediators, arbitrators, and other stakeholders. Education and professional development programs can help build confidence and competence in using ODR tools and techniques effectively. By examining real-world experiences through case studies and examples, stakeholders can identify successful strategies and potential pitfalls to inform future ODR implementations. Looking ahead, emerging trends in ODR for cross-border disputes, such as the integration of AI, blockchain technology, and virtual reality, present exciting opportunities for innovation and improvement. However, addressing challenges related to regulatory barriers, technological limitations, and ethical considerations is essential to realize the full potential of ODR in the global context.

KEY WORDS: DISPUTES,ODR,TRANSACTION,ONLINE MEDIUM,Technological.

FUTURE TRENDS IN THE DIGITAL ECONOMY AND THEIR IMPLICATIONS FOR TAXATION

AUTHOR – MS. I. SAMSUL SAMEERA, ASSISTANT PROFESSOR AT CRESCENT SCHOOL OF LAW, B.S. ABDUR RAHMAN CRESCENT INSTITUTE OF SCIENCE AND TECHNOLOGY

BEST CITATION – MS. I. SAMSUL SAMEERA, FUTURE TRENDS IN THE DIGITAL ECONOMY AND THEIR IMPLICATIONS FOR TAXATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 728-738, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The digital economy continues to evolve at a rapid pace, driven by technological advancements, changing consumer behaviours, and shifting business models. This paper explores future trends in the digital economy and their taxation implications. By analyzing emerging developments in technology, business practices, and regulatory frameworks, this research aims to anticipate how the digital landscape will shape tax policy and administration in the years to come.

One significant trend is the increasing digitization of traditional industries, leading to a blurring of boundaries between digital and non-digital activities. This trend encompasses sectors such as manufacturing, healthcare, and finance, where digital technologies are transforming operations, distribution channels, and customer interactions. As traditional businesses embrace digitalization, tax authorities face challenges in determining the appropriate tax treatment of digital transactions and ensuring compliance with existing tax laws.

Another key trend is the rise of platform-based business models, exemplified by companies like Uber, Airbnb, and Amazon. These platforms facilitate peer-to-peer transactions, connect buyers and sellers, and enable new forms of economic activity. However, they also raise complex tax issues related to revenue recognition, value creation, and the taxation of intangible assets. Tax authorities must adapt their tax policies and enforcement strategies to capture the value generated by platform economies while avoiding double taxation and distorting incentives for innovation and entrepreneurship.

Furthermore, the increasing globalization of digital commerce presents both opportunities and challenges for taxation. Cross-border transactions, digital supply chains, and remote work arrangements complicate the allocation of taxing rights among jurisdictions, leading to disputes over tax jurisdiction and revenue sharing. The emergence of digital nomadism and virtual businesses further complicates the tax landscape, requiring international cooperation and coordination to prevent tax evasion and erosion of the tax base.

In response to these trends, tax authorities are exploring innovative approaches to digital taxation, such as digital services taxes, nexus-based rules, and data-driven compliance measures. However, achieving consensus on international tax reform remains a formidable task, given the divergent interests of countries and the complexity of digital business models.

In conclusion, understanding and anticipating future trends in the digital economy is crucial for designing tax policies that promote fairness, efficiency, and compliance in an increasingly digitized world. This research contributes to the ongoing dialogue on the intersection of technology, economics, and taxation, providing insights into the challenges and opportunities that lie ahead.

KEYWORDS – Digital transformation, Blockchain technology, Artificial intelligence (AI), Tax Compliance, Tax Administration, Data-driven taxation, Digital services tax.

EFFECTS OF ECONOMIC GLOBALIZATION ON WHITE COLLAR CRIMES: A MONEY LAUNDERING PERSPECTIVE

AUTHOR – NITIN VERMA, STUDENT AT IILM UNIVERSITY, GREATER NOIDA

BEST CITATION – NITIN VERMA, EFFECTS OF ECONOMIC GLOBALIZATION ON WHITE COLLAR CRIMES: A MONEY LAUNDERING PERSPECTIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 739-749, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

One of the most crucial element in which globalization has facilitated money laundering is the rapid growth of cross-border movement of funds. It is pertinent to mention herein that in this interconnected world where capital can move across borders very swiftly and effortlessly has been made possible by globalization. Money laundering is a complicated and ubiquitous problem that threatens the global economy and financial institutions. It entails the process of converting the earnings of criminal acts into legitimate finances, letting criminals to operate with impunity while profiting from their illegal actions. Money laundering has become even more difficult to combat in the context of globalization due to the increased cross-border flow of cash, the expansion of international trade, the proliferation of offshore financial hubs, and the rise of digital currencies. The global economy’s facilitation of money laundering activities, also the issues of cross-border transactions and a review of the measures put in place to combat this illegal behavior are all evaluated and examined in this research paper. In this research paper the author discuss about the evolution of economic globalization, also explores and exhibits the implications of globalization on white collar crime, especially in terms of money laundering and how it evolved, treaties held for making stricter laws/regulations against money laundering and lastly measures taken by India to combat the process of money laundering.

Keywords:Globalization, Economic Globalization, White Collar Crimes, Money-Laundering, Treaties and Proceeds of Crime.

CASE COMMENTARY ON AHSAN V. STATE OF UP (2018) 13 SCC 420

AUTHOR – SANSHIA HELMINA REBELLO, STUDENT AT CHRIST UNIVERSITY

BEST CITATION – SANSHIA HELMINA REBELLO, CASE COMMENTARY ON AHSAN V. STATE OF UP (2018) 13 SCC 420, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 706-709, APIS – 3920 – 0001 & ISSN – 2583-2344.

Introduction

This case is about various offences concerning sections 34, 307, 316, 452 and 504 of the Indian Penal Code, 1860.

Section 34 ^[1]of the IPC describes acts done by several persons in furtherance of a common intention. Wherein when either of the persons who does the act in furtherance of a common intention would still be held liable, even if he/she was not the one who did it.

Section 307 ^[2]of the Indian Penal Code, 1860 describes the offence of attempt to murder. For an act to constitute an attempt to murder it needs to be backed by such intention and knowledge on the part of the offender such that his/her act would result in death or cause hurt to a person.

It is further mentioned that if, such an act results in the death of a person, then he/she is sentenced to a term of either description of 10 years or a fine. Whereas, in case of hurt caused the offender shall be liable for life imprisonment. 

Moreover, if the offender is sentenced to life imprisonment, then he/she is to be sentenced to death penalty.

Further section 316 ^[3]of the Indian Penal Code, 1860 provides punishment for the offence of causing the death of an unborn child. According to the provision, if a person causes death, he/she would be guilty of culpable homicide and if he/she cause the death of any unborn child then that person shall be sentenced to imprisonment of 10 years and also a fine.

Section 452 ^[4]of the Indian Penal Code, states that any person committing house-trespass with the intention of causing hurt to any person or assaulting a person or wrongfully restraining any person or putting a person in fear of hurt, or assault, or wrongful restraint would be sentenced to a term of imprisonment of either description which may extend to 7 years and also a fine. Lasty, Section 504^[5]of the IPC, describes the intentional act of a person, which includes insulting and giving provocation to that person, knowing it to result in breach of public peace, or to commit any other offence. Such a person shall be punishable with imprisonment of either description for a term which may extend to 2 years or with fine, or with both.

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[1] Pen. Code § 34

[2] Pen. Code § 307

[3] Pen. Code § 316

[4] Pen.Code  § 452

[5] Pen.Code § 504