Category: Volume 4 and Issue 2 of 2024

STRENGTHENING FINANCIAL INTEGRITY: ANALYZING SEBI’S AML AND CFT GUIDELINES FOR SECURITIES MARKET INTERMEDIARIES

AUTHOR – SACHIN K S, STUDENT AT CHRIST (DEEMED TO BE UNIVERSITY), BENGALURU

BEST CITATION – SACHIN K S, STRENGTHENING FINANCIAL INTEGRITY: ANALYZING SEBI’S AML AND CFT GUIDELINES FOR SECURITIES MARKET INTERMEDIARIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 536-540, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

The financial integrity of markets is crucial for economic stability and growth. In this context, the Securities and Exchange Board of India (SEBI) plays a vital role in enforcing measures to combat money laundering (ML) and terrorist financing (TF). The Prevention of Money Laundering Act, 2002 (PMLA), and the associated rules provide a robust framework for these efforts. The latest guidelines issued by SEBI elaborate on the responsibilities of securities market intermediaries in adhering to AML and CFT standards through a Master Circular dated 06th June 2024.^[1]

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[1] Master Circular No. SEBI/HO/MIRSD/MIRSDSECFATF/P/CIR/2024/78; Dated: 06.06.2024 : https://www.sebi.gov.in/legal/master-circulars/jun-2024/guidelines-on-anti-money-laundering-aml-standards-and-combating-the-financing-of-terrorism-cft-obligations-of-securities-market-intermediaries-under-the-prevention-of-money-laundering-act-2002-a-_83942.html

COMPARATIVE ANALYSIS OF INDIAN PENAL CODE AND BHARATIYE NYAYE SANHITA

AUTHOR – ISHAAN SHERGILL JACOB, STUDENT AT NARSEE MONJEE INSTITUTE OF MANAGEMENT STUDIES

BEST CITATION – ISHAAN SHERGILL JACOB, COMPARATIVE ANALYSIS OF INDIAN PENAL CODE AND BHARATIYE NYAYE SANHITA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 532-535, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

In 2020, the Ministry of Home Affairs of India has appointed former Vice-Chancellor of National Law University, Delhi, Prof. This committee was tasked with amending the Indian Penal Code (IPC), the legal system that existed for over 160 years. After extensive discussions and deliberations, the committee submitted its recommendations to the Home Ministry in January 2023. These recommendations led to the enactment of the Indian Judicial Code Act, 2023. The objective of the BNS Act is to provide a criminal justice system in India with a proper… the modern social needs and values. One of its main objectives is to simplify legal interpretations, making them clear and relevant in today’s context. This includes updating outdated terms and concepts that are incompatible with modern legal and social understanding. In addition, the BNS Act has introduced new penalties such as community service to reduce reliance on imprisonment and deal effectively with minor offenses Finally, the Indian Penal Code, 2023 represents a comprehensive effort to India Criminal Code will. It reflects a shift towards an inclusive and functional modern legal system that better meets the needs of modern Indian society.

Keywords: Indian Penal Code (IPC), Indian Judicial, Amendments, criminal justice system, BNS

TWIN CONDITIONS UNDER PMLA: A HINDRANCE TO THE RIGHTS OF THE ACCUSED

AUTHOR – RIJUL SETH, STUDENT AT O.P. JINDAL GLOBAL UNIVERSITY

BEST CITATION – RIJUL SETH, TWIN CONDITIONS UNDER PMLA: A HINDRANCE TO THE RIGHTS OF THE ACCUSED, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 529-531, APIS – 3920 – 0001 & ISSN – 2583-2344.

I. Introduction

Money laundering has become a global issue in recent years, governments around the world have turned their attention to the offence of money laundering as, this offence in many cases leads to an increase in other kinds of offences as well, such as terrorism, tax evasion etc. the people of India as well as the economy have been suffering due to money laundering. Every year large amounts of money laundered not just across domestic border but also international borders, severely affecting the economy and has also boosted the funding and presence of terrorist organisations. It is in this light that the Government of India enacted the Prevention of Money Laundering Act, 2002 (PMLA). There is no denying that there is a dire need for a stringent statute such as the PMLA to tackle the issue of money laundering. However, in this paper we will argue that the PMLA is not free of infirmities and loopholes that in many instances has led to incarceration of the innocent and has on many occasions put to question the efficacy of the statute itself. In this paper we will critically examine the twin conditions of bail enshrined under Section 45 of the PMLA and prove that the same has led to curtailment of rights of accused individuals

A STUDY ON THE HUMAN IMPACT ON FOREST

AUTHORS – S.KANITHA  SREE & ATCHAYA.S, STUDENTS AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES (SIMATS), SAVEETHA UNIVERSITY, CHENNAI

BEST CITATION – S.KANITHA  SREE & ATCHAYA.S, A STUDY ON THE HUMAN IMPACT ON FOREST, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 519-528, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

Humans have converted timber to agrarian and civic uses, exploited species, fractured wildlands, changed the demographic structure of timbers, altered niche, degraded the terrain with atmospheric and soil adulterants, introduced fantastic pests and challengers, and domesticated favored species. None of these conditioning is new, maybe with the exception of atmospheric pollution, they date back to prehistory. All have impacted inheritable diversity by their influence on the evolutionary processes of extermination, selection, drift, gene inflow, and mutation, occasionally adding diversity, as in the case of domestication, but frequently reducing it. Indeed in the absence of changes in diversity, sleeping systems were altered, changing the inheritable structure of populations. Atmospheric pollution and global warming will be a major trouble in the near future, particularly because timbers are fractured and migration is impeded. Accessible slice system is used in this study for collecting the samples.samples are collected grounded of vacuity of repliers 200 samples are collected and considered as sample size.Independent variables are age, gender, educational qualification and occupation.Dependent variable are effect due to mortal conditioning, protection of timber, goods on creatures. Bar graphs are the exploration tool used in this exploration. The main study is to find the reasons behind destroying the forest.

KEYWORDS: atmospheric, diversity, pollution, genetic,impacts

COMPREHENSIVE ANALYSIS OF BIHAR’S SOCIO-ECONOMIC HURDLES AND PATHWAYS TO SUSTAINABLE GROWTH

AUTHOR – PRIYA RAJ, STUDENT AT NEW LAW COLLEGE, BHARATI VIDYAPEETH DEEMED TO BE UNIVERSITY, PUNE

BEST CITATION – PRIYA RAJ, COMPREHENSIVE ANALYSIS OF BIHAR’S SOCIO-ECONOMIC HURDLES AND PATHWAYS TO SUSTAINABLE GROWTH, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 497-506, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This study provides a comprehensive analysis of Bihar’s growth, focusing on its historical background and significant turning points. It examines economic indices such as industrialization, GDP growth, and employment rates, along with the crucial role of agriculture in Bihar’s economy. Social indicators like healthcare, education, and the alcohol ban are assessed to gauge the effectiveness of state policies. The study highlights initiatives to improve healthcare, education, and skill development. It also investigates the impact of governance and policy frameworks on Bihar’s growth, addressing regional imbalances, promoting equitable growth, and attracting investment, while considering grassroots efforts and decentralization in fostering community-led development.

A STUDY ON THE IMPACT OF 2016- DEMONETIZATION IN INDIA

AUTHOR – SARNITHA BALASUBRAMANIAN, STUDENT AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES (SIMATS), SAVEETHA UNIVERSITY, Chennai.

BEST CITATION – SARNITHA BALASUBRAMANIAN, A STUDY ON THE IMPACT OF 2016- DEMONETIZATION IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 507-518, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Demonetisation is the process of taking away/ceasing the legal tender rights or the status of any unit of currency. The currency has been demonetised thrice in India – the first was on January 12th, 1946; second on 16th of January, 1978 and third on 8th November, 2016. One promising result has been a dramatic increase in top line sales for India’s ecommerce and digital payment companies. Other countries where demonetisation were successful are Pakistan in 2016; Zimbabwe in 2015 and Australia to flush black money and for security purposes replaced with polymer banknotes. Empirical research was adopted with 214 responses. The respondents were collected through simple convenient sampling of primary sources from family, friends and relatives and secondary source of data was collected from magazines, articles and journals. The statistical tools used are graphs and correlation. Demonetisation led to cash shortage in the country where the most impacted sectors were agriculture; real estate; tourism as it has created chaos and frenziness in the day to day activities of indian citizens. Banking sector had the most positive impact and the exception was the healthcare sector. Some suggestions were to encourage small and backward sectors towards online transactions.

KEYWORDS – Demonetization, Digital Transaction, Indian Economy, E-Banking, Black Money

TELEMEDICINE LEGAL FRONTIERS :A COMPREHENSIVE ANALYSIS

AUTHOR – SHAMBHAVIE SAURABH* & AMALENDU MISHRA**, STUDENT* & ASSISTANT PROFESSOR** AT LAW COLLEGE DEHRADUN.

BEST CITATION – SHAMBHAVIE SAURABH & AMALENDU MISHRA, TELEMEDICINE LEGAL FRONTIERS :A COMPREHENSIVE ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 441-496, APIS – 3920 – 0001 & ISSN – 2583-2344.

PREFACE

This dissertation explores the evolution of legal frameworks concerning remote healthcare. While telemedicine can be seen as the provision of medical services from afar—a concept dating back to the invention of the telegraph and telephone in the late 19th century—modern advancements in telecommunications in the 21st century have drastically transformed the practice of delivering healthcare remotely.

The preface of this dissertation seeks to serve as a gateway, offering the reader a comprehensive overview and engendering an appreciation for the depth and breadth of the research undertaken. At its core, this work is motivated by the profound implications’ telemedicine holds for bridging healthcare disparities, spurred on by the global health exigencies unveiled by the COVID-19 pandemic. This exigency, coupled with India’s unique position as a burgeoning digital superpower grappling with vast healthcare delivery challenges, forms the crucible within which this dissertation was conceived.

Chapter 1 starts with a look at definitions of Telemedicine, alternative definitions of telemedicine and why they have arisen. The chapter further explains the meaning of telemedicine and provides a historical account of development of telemedicine. The chapter focuses on the typology, objectives, scope, benefits and limitations of telemedicine.

Chapter 2 embarks on a deep dive into the regulatory and legal landscape that frames telemedicine in India, elucidating the complex interplay of policies, guidelines, and statutory mandates that govern its practice. This chapter gives historical genesis of telemedicine in India, highlights the role of MOHFW and Niti Ayog. This chapter also delves into the accountability of digital Health records and E-Pharmacy regulations.

Chapter 3 adopts a comparative lens, exploring telemedicine’s regulatory frameworks across different global jurisdictions. This comparative analysis not only highlights the diversity of regulatory approaches but also underscores common challenges and best practices, offering valuable insights for policymakers and practitioners alike.

Chapter 4 of the dissertation navigates the critical issues of privacy, and data protection, this discourse is pivotal, given the paramount importance of trust and confidentiality in healthcare delivery systems. The Chapter also tackles the nuanced considerations of medical negligence, liability in telemedicine, and the consumer protection mechanisms in telemedicine critically analysing how traditional legal doctrines intersect with the novel context of digital health.

Concluding the dissertation, the Chapter 5 synthesizes the research findings, offering a reflective analysis of the implications for telemedicine in India and beyond. It proposes forward-looking recommendations aimed at enhancing telemedicine’s role in healthcare delivery, advocating for policy reforms, technological innovation, and ethical practices that prioritize patient welfare.

This dissertation seeks to provide a comprehensive understanding of the principal characteristics of telemedicine, along with the complexities associated with its development and utilization. By conducting an in-depth analysis, it aims to contribute meaningfully to the evolving discourse on the legal facets of telemedicine. The study endeavours to equip the reader with a thorough grasp of the subject while offering an extensive literature review that delves into detailed discussions presented within the text. To support the analysis, references are primarily drawn from primary legal sources, peer-reviewed journal articles, and authoritative textbooks. This preface invites readers to explore the transformative possibilities of telemedicine, grounded in a profound comprehension of its legal, ethical, and operational aspects. The researcher aims to engage and draw readers into the core of the dissertation, setting the stage for a journey that promises to be both enlightening and thought-provoking.

ROLE AND IMPORTANCE OF INTELLECTUAL PROPERTY RIGHTS IN THE GROWTH AND SUSTAINABILITY OF STARTUPS

AUTHOR – ISHAAN SHERGILL JACOB, STUDENT AT NARSEE MONJEE INSTITUTE OF MANAGEMENT STUDIES

BEST CITATION – ISHAAN SHERGILL JACOB, ROLE AND IMPORTANCE OF INTELLECTUAL PROPERTY RIGHTS IN THE GROWTH AND SUSTAINABILITY OF STARTUPS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 434-440, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Intellectual property rights (IPR) are crucial for businesses to increase technological competitiveness. For start-ups, often with limited resources, IPR protection in India and abroad is crucial for sustainable growth and innovation. The Startup Intellectual Property Protection (SIPP) program helps startups obtain patents, trademarks and designs. IPRs ensure that inventors can patent their creations, preventing unauthorized use and ensuring economic benefits. The registration process involves several steps: submitting an application with required signatures and a statement describing the specifics of the invention, followed by preliminary identification screening by experts any deficiencies. Proper registration provides exclusive rights to the inventor, providing legal protection for creative work and innovation. This is in accordance with Article 27 of the Universal Declaration of Human Rights, which emphasizes the protection of the material and moral interests arising from the scientific, literary and artistic creations of the individual.

Keywords: Intellectual Property Rights (IPRs), Startups, SIPP scheme, Patents, Trademarks, Industrial designs, Innovation protection

DISPUTE RESOLUTION UNDER SECTION 25 OF THE UTTAR PRADESH SOCIETY REGISTRATION ACT, 1860

AUTHOR – SIDDHARTHA MISHRA, ADVOCATE AT ALLAHABAD HIGH COURT

BEST CITATION – SIDDHARTHA MISHRA, DISPUTE RESOLUTION UNDER SECTION 25 OF THE UTTAR PRADESH SOCIETY REGISTRATION ACT, 1860, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 430-433, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Uttar Pradesh Society Registration Act, 1860, provides a statutory framework for registering, administrating, and regulating societies in Uttar Pradesh. Disputes often arise within societies, particularly concerning the election and continuity of office bearers, which can disrupt governance and functionality. Section 25 of the Act establishes mechanisms for resolving such disputes, outlining the roles of various authorities and procedural requirements. This research paper explores the legal provisions, procedural aspects, judicial interpretations, challenges, and recommendations related to dispute resolution under Section 25. It aims to provide a comprehensive understanding and analysis of its implications on society’s governance

FROM SOCCER KITS TO DESIGNER FITS: HOW INTELLECTUAL PROPERTY RIGHTS INFLUENCE REAL MADRID’S FASHION LINE

AUTHORS – ARNAV NEHRA, ARYAN THAKUR* & ANANYAA VARMA

*STUDENTS AT O.P JINDAL GLOBAL UNIVERSITY

** STUDENTS AT BENNETT UNIVERSITY (TIMES OF INDIA GROUP)

BEST CITATION – ARNAV NEHRA, ARYAN THAKUR* & ANANYAA VARMA, FROM SOCCER KITS TO DESIGNER FITS: HOW INTELLECTUAL PROPERTY RIGHTS INFLUENCE REAL MADRID’S FASHION LINE INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 389-393, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

In the present era of sports and fashion, the intersection of these two areas have resulted in important as well as prominent legal considerations, specially pertaining the jurisdiction of intellectual property rights. Notably, celebrity endorsements have not failed to capture the attention of the crowd and mark its presence in major corporate dealings. Real Madrid, one of the world’s most legendary football clubs, has made significant advances into the fashion business in addition to dominating sports.

Image rights management is a major legal challenge in celebrity endorsements. Real Madrid players’ image and likeness carry significant commercial value due to their high profile and global familiarity. Image rights agreements are rigorously structured to guarantee that athletes retain control over how their images are used commercially, notably in fashion endorsements. These agreements usually specify the extent of usage, length, geographical location, and monetary compensation. The complexities of such contracts are critical in protecting the interests of both the player and the club, ensuring that the image is not used in a way that could harm reputations or conflict with other endorsements. This article aims to explore the legal aspects of celebrity endorsements, focusing on Real Madrid players as fashion symbols. The relationship between sports celebrities and fashion labels is mutually beneficial; while sportsmen build their personal brands and income streams, fashion companies use the athletes’ fame to increase their market presence and brand value.