Category: Volume 4 and Issue 2 of 2024

UNDERSTANDING THE DOCTRINE OF RES JUDICATA IN INDIAN PERSPECTIVE

AUTHORS – HARSH RAJ* & UJJWAL KUMAR SINGH**, STUDENT & ASSISTANT PROFESSOR AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY

BEST CITATION – HARSH RAJ & UJJWAL KUMAR SINGH, UNDERSTANDING THE DOCTRINE OF RES JUDICATA IN INDIAN PERSPECTIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 332-336, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

A cornerstone of Indian law is the idea of res judicata, which guarantees the finality of court rulings and prohibits the retrial of cases that have previously been decided by competent courts. Its name, which comes from the Latin maxim “res judicata pro veritate accipitur,” is intended to encourage judicial efficiency by preventing needless court cases. Res judicata, which is codified in Section 11 of the Code of Civil Procedure, 1908, has two main purposes: first, it shields people from the hassle of having to deal with repeated lawsuits for the same issue; second, it preserves the authority and dignity of court decisions by considering them as definitive. Through significant rulings, the Indian judiciary has developed and improved the theory since independence. The finality of the decision, the participation of the same parties, the same cause of action, and the fact that the matter is directly and materially in dispute are important guiding elements. The doctrine covers arbitral proceedings, administrative rulings, and criminal cases. Application challenges come from changing legal environments, recognising similar problems, and overseeing public interest lawsuits. Despite these difficulties, res judicata is nonetheless essential for preserving the stability, efficacy, and integrity of the legal system since it prevents disputes from being reopened after they have been definitively settled.

Keywords– Res Judicata,Court, Code, Civil, Doctrine

ROLE OF ARBITRATION IN SHAREHOLDER DISPUTES

AUTHOR – DIKSHA RAO, STUDENT ATCHRIST (DEEMED TO BE UNIVERSITY), PUNE, LAVASA, CAMPUS

BEST CITATION – DIKSHA RAO, ROLE OF ARBITRATION IN SHAREHOLDER DISPUTES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 315-321, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The concept of arbitrability in India, particularly concerning shareholder disputes, has garnered significant attention and debate since the enactment of the Arbitration and Conciliation Act 1996. Understanding arbitrability’s definition is crucial as it delineates the scope of disputes amenable to arbitration versus those falling within the exclusive jurisdiction of state courts. While Indian courts have established criteria for determining arbitrability, the issue remains complex and varies across jurisdictions. This article examines the divergent perspectives on arbitrability, particularly focusing on shareholder disputes, which have become increasingly common amidst India’s economic growth. The enforcement and interpretation of shareholder agreements (SHA) vis-à-vis a company’s articles of association (AOA) have led to contrasting judicial interpretations, further complicating the landscape. Recent Supreme Court rulings, notably in Booz Allen & Hamilton Inc v SBI Home Finance Inc and Vidya Drolia v. Durga Trading Corporation, have attempted to provide clarity on arbitrability criteria, emphasizing distinctions between rights in personam and rights in rem. However, challenges persist, especially regarding the enforceability of arbitration provisions solely within SHAs. Additionally, shareholder disputes intersect with statutory remedies under the Companies Act 2013, particularly in cases of oppression and mismanagement, which are exclusively adjudicated by specialized tribunals. Despite judicial efforts to address arbitrability, the intricate nature of shareholder disputes necessitates a nuanced, fact-based approach, balancing the parties’ contractual autonomy with statutory safeguards. Thus, while arbitration offers a potential avenue for dispute resolution, the unique circumstances of each case demand careful consideration to ensure equitable outcomes.

Keywords – Arbitrability, Arbitration and Conciliation Act 1996, Shareholder Disputes, Legal Framework, Arbitration Agreement, Supreme Court of India, Companies Act 2013, Oppression and Mismanagement.

NEED OF ALTERNATIVE DISPUTE RESOLUTION (ADR): KEEPING DISPUTES OUT OF COURT ROOM

AUTHORS – JAHANVI BHARDWAJ* & PROF. (DR.) RAJESH BAHUGUNA**

*STUDENT, LAW COLLEGE DEHRADUN, FACULTY OF UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND

** PRO VICE-CHANCELLOR, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND

BEST CITATION – JAHANVI BHARDWAJ & PROF. (DR.) RAJESH BAHUGUNA, CONFLICT OF LAW RULES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 305-314, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

It is the spirit and not the form of law that keeps justice alive.”LJ Earl Warren .

Life is full of arguments, but survival is key. Neutral conflicts do have beauty. Resolving them amicably is what we call dispute resolution. Traditional negotiation uses ADR to resolve disputes. The Indian legal system uses ADR to resolve interparty conflicts more efficiently and cheaply. The name implies that ADR is an alternative to the legal system. Traditional aggressive litigation that causes stress is replaced by this. ADR strives to resolve disputes promptly and effectively in overburdened courts^[1]. ADR programmes increase globally, enabling new system uses and designs. Effective modules improve lives and achieve societal goals. This study will examine ADR processes, their provisions in India and abroad, and their distinctiveness, execution, and problems that prevails in India along with suitable solutions ^[2].

---

[1] 1P.C.RAO &WILLIAM SHEFFIELD, ALTERNATIVE DISPUTE RESOLUTION, 1997 EDITION , PG NO.45

[2] 222nd Law Commission Report

CONFLICT OF LAW RULES

AUTHORS – GOVIND RAJ SUTHAR, KUMAR KARTIKEY & NIVE RAJ, STUDENTS AT LLOYD LAW COLLEGE, GREATER NOIDA

BEST CITATION – GOVIND RAJ SUTHAR, KUMAR KARTIKEY& NIVE RAJ, CONFLICT OF LAW RULES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 292-304, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The Conflict of laws in international arbitration is a complex issue which has to be carefully addressed This article examines the complexities and challenges of conflicts of laws in international arbitration on the basis of four different choice-of-law issues: substantive law governs the merits of the parties’ dispute, substantive law governs the arbitration agreement, procedural law applies to arbitral proceeding, and conflict of laws rules. This paper seeks to deepen the perspectives of the legal community generally and practitioners, arbitrators and parties to international disputes more specifically by walking through a single conflict-of-laws problem-how choice-of-law analysis might operate in a dispute between autonomous states.

CORPORATE RECOVERY AND RESTRUCTURING AS IMPACTED BY INSOLVENCY AND THE BANKRUPTCY LAW

AUTHOR – HARSHITA JOSHI, STUDENT AT AMITY UNIVERSITY, LUCKNOW

BEST CITATION – HARSHITA JOSHI, CORPORATE RECOVERY AND RESTRUCTURING AS IMPACTED BY INSOLVENCY AND THE BANKRUPTCY LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 283-291, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT.

The ruin and Bankruptcy Code (IBC), enforced in 2016, is a comprehensive law in India that consolidates and reforms the rules governing the reorganization and ruin resolution of commercial realities, cooperation hookups, and individualities in a timely manner. It seeks to maximize the value of means, encourage entrepreneurship, assure credit vacuity, and balance the interests of all stakeholders. Bankruptcy is a fiscal state in which an individual or company cannot pay off scores as they come due because of lack finances or means. Bankruptcy is a formal protestation of an existent’s incapability to repay debts, constantly following the failure of bankruptcy resolution styles. The IBC is significant because it provides an systematized and effective procedure for addressing bankruptcies that was preliminarily bestrew across several legislations. It aids in the speedy resolution of bankruptcy proceedings, accordingly reducing non-performing means (NPAs) and aiding in the early recovery of bad loans. Bankruptcy professionals, agencies, and information serviceability are among the businesses registered under the Insolvency and Bankruptcy Board of India (IBBI), which also monitors the bankruptcy procedures and regulates the IBC. Within the confines of the IBC, the IBBI is empowered to establish and apply regulations. The law is broken up into four sections primary Insolvency Resolution and Liquidation for Corporate Person Insolvency Resolution and Bankruptcy for individualities and Partnership enterprises Regulation of Insolvency Professionals, Agencies, and Information Utilities.

COMPETITION LAW AND COPYRIGHT CHALLENGES IN THE INDIAN ENTERTAINMENT INDUSTRY

AUTHOR –NISHA KUMAWAT, STUDENT AT NATIONAL LAW INSTITUTE UNIVERSITY, BHOPAL

BEST CITATION – NISHA KUMAWAT, COMPETITION LAW AND COPYRIGHT CHALLENGES IN THE INDIAN ENTERTAINMENT INDUSTRY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 273-282, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Indian Media and Entertainment industries, especially the Film industry, is frequently under the scrutiny of competition authorities since copyright issues are intrinsically related to anti-competitive conduct in the industry. The majority of instances result from film associations exercising significant control over the industry’s operations by participating in coordinated activities against third parties that are anti-competitive in nature. Just as crucial is the investigation of anti-competitive behavior by industry stakeholders, such as entering into restrictive agreements and exploiting their dominating position. The study looks at how the requirements of Copyright and Competition Laws affect the general operation of the field of entertainment, particularly the film industry, as well as the interactions between various stakeholders.

Furthermore, the purposes of copyright law do not intrinsically clash with the goals of competition law, as both systems may take various paths to achieve the same goal of maximizing consumer welfare and efficient resource distribution. However, the Competition Commission of India is frequently confronted with cultural and linguistic issues that necessitate the development of clear rules based on careful consideration of the application of Competition Law to disputes in the entertainment industry.

Keywords: competition, agreement, copyright, abuse, anti-competitive

EXAMINING THE MECHANISMS OF POWER DIVISION IN GOVERNANCE THROUGH BALANCING ACTS

AUTHORS – NITIN SINGH, STUDENTS AT AMITY UNIVERSITY, LUCKNOW

BEST CITATION – NITIN SINGH, EXAMINING THE MECHANISMS OF POWER DIVISION IN GOVERNANCE THROUGH BALANCING ACTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 267-272, APIS – 3920 – 0001 & ISSN – 2583-2344.

Introduction

The principle of separation of powers is a fundamental element in the complex framework of democratic governance, as it maintains a delicate balance between the several branches of government. This basic idea, which has its roots in the political theories of Montesquieu and other influential figures, protects against despotism and advances the checks and balances necessary for a healthy democracy. The dynamics of this principle are always being examined, adjusted, and interpreted as civilizations change and encounter new difficulties. The concept of separation of powers is not just an academic concept; rather, it is an enduring idea that influences how governments around the world operate. The division of power between the legislative, executive, and judicial branches affects decision-making procedures, policy results, and ultimately the preservation of individual liberty in settings ranging from legislative assembly halls to courtrooms and executive offices. This study paper sets out to investigate the complex dynamics of the division of powers in government. By utilizing a multidisciplinary approach that includes legal studies, political science, and historical study, we aim to decipher the nuances that are present in this principle. We hope to provide light on the difficulties and achievements found in the application of separation of powers by exploring case studies from different nations and analyzing how it has changed over time. Research holds great importance not only for theoretical discussions but also for the safeguarding of fundamental rights and the operation of democracies. In an era characterized by swift globalization, technical breakthroughs, and evolving geopolitical environments, comprehending the subtleties of power division becomes crucial for guaranteeing the durability and authenticity of democratic establishments. This project aims to add to the ongoing discussion about governance structures and how they affect societal advancement through critical inquiry and empirical analysis. Through analyzing the relationship between the three arms of government, the accountability framework, and civil society, we hope to provide insights that influence global policy and uphold democratic norms. We cordially welcome the reader to go into a thorough examination of the delicate balances involved in the division of powers in the pages that follow. This research aims to shed light on the intricacies, difficulties, and ongoing significance of this essential principle in modern governance, from theoretical frameworks to practical applications.^[1][2][3][4]

---

[1] “Module 6: Separation of Powers and Federalism | Constitution Center.” Accessed February 28, 2024. https://cite.me/9UohkNn.

[2] “Congress and the Separation of Powers | U.S. Capitol – Visitor Center.” Accessed February 28, 2024. https://www.visitthecapitol.gov/exhibition/congress-and-separation-powers.

[3] “Checks and Balances – Definition, Examples & Constitution | HISTORY.” Accessed February 28, 2024. https://cite.me/fUihF2F.

[4] “Florida’s State Academic Standards – Social Studies, 2023.” Accessed February 28, 2024. https://cite.me/xpPH691.

EXPLORING THE PERSISTENCE AND SOCIOECONOMIC IMPLICATIONS OF MANUAL SCAVENGING IN CONTEMPORARY INDIA

AUTHORS – VIKAS MISHRA, VISHWARAJ BAHADUR SINGH & FAHEEM MIR, STUDENTS AT CHRIST (DEEMED TO BE UNIVERSITY), LAVASA, PUNE.

BEST CITATION – VIKAS MISHRA, VISHWARAJ BAHADUR SINGH & FAHEEM MIR, EXPLORING THE PERSISTENCE AND SOCIOECONOMIC IMPLICATIONS OF MANUAL SCAVENGING IN CONTEMPORARY INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 262-266, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Despite legislative initiatives and societal gains, manual scavenging—an antiquated and demeaning practise with roots in past injustices—remains a poignant concern in modern-day India. This study examines the long-term significance and complex issues surrounding manual scavenging in detail, shedding light on the socioeconomic effects on underprivileged groups. In this regard, the research examines the current legal system, assessing the effectiveness of anti-manual scavenging laws and constitutional clauses. The report delves into the intricate details of this social ailment and examines the ongoing obstacles to its implementation, ranging from discrimination based on caste to the insufficient execution of laws meant to protect people. The study outlines a comprehensive set of treatments that include technical advancements, awareness campaigns, alternative livelihood alternatives, and stringent enforcement. Beyond these modern issues, the study explores the historical foundations of manual scavenging, following its inception through prehistoric customs, colonial influences, and post-independence struggles. The study integrates historical, legal, and socioeconomic viewpoints using an interdisciplinary lens to provide a comprehensive knowledge of manual scavenging in India. In the end, it advocates for a concerted and persistent endeavour that combines social projects with legislative changes to free communities from manual scavenging and open the door to a more just and respectable society.

KEYWORDS: Manual Scavengers, Socio-economic Implications, Legal Framework, Caste- based Discrimination, Legislative Efforts, Historical Roots, Contemporary Challenges, Awareness Campaigns.

A SOCIO-LEGAL STUDY OF THE RELATIONSHIP BETWEEN AI AND HUMAN RIGHTS IN THE CONTEMPORARY ERA

AUTHOR – SAHELI GORAI, B.A.LLB. KAZI NAZRUL UNIVERSITY, LL.M. BANKURA UNIVERSITY, WEST BENGAL, INDIA

BEST CITATION – SAHELI GORAI, A SOCIO-LEGAL STUDY OF THE RELATIONSHIP BETWEEN AI AND HUMAN RIGHTS IN THE CONTEMPORARY ERA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 255-261, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

In present time, Artificial Intelligence is deeply involved in our daily lives. This Artificial Intelligence facilitates scale expansion and real-life impact. Experts examine artificial intelligence through several lenses. However, results have been found that artificial intelligence required intensity and scope to be effective in human life. Now it need to assess whether AI offer benefit or drawbacks in a balance manner. This paper addresses the harmful aspects that are inconsistent with human rights. So AI needs to be used in a way that protects the society as well as human rights. Further research needs to be invested in developing artificial intelligence systems and government use of special protections that protect and future test private sector use. This paper provides a jumping off point for future conservation and research on the topic. We don’t know what artificial intelligence means for the future of society, but we need to work on developing some tools to protect people from its most dangerous applications.

This may put pressure on temporal concepts of human rights such as declarations, treaties, conventions and protocols of the international community. Risks and challenges are presented by analyzing various topics related to artificial intelligence and human rights: consciousness, rights and agency, bias, discrimination and socioeconomic rights.

Key words: Artificial Intelligence, Human Rights, Society, Guidelines, Robots Future.

FROM VIOLENCE TO ACCOUNTABILITY: REGULATION OF POLICE BRUTALITY IN INDIA

AUTHORS – DISHA CHATTERJEE, RHIANNE REUBEN STEPHEN & SNEHAL EKKA, STUDENTS OF CHRIST (DEEMED TO BE UNIVERSITY), LAVASA, PUNE

BEST CITATION – DISHA CHATTERJEE, RHIANNE REUBEN STEPHEN & SNEHAL EKKA, FROM VIOLENCE TO ACCOUNTABILITY: REGULATION OF POLICE BRUTALITY IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 248-254, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

India is the largest democracy in the world, boasting a robust civil society, an autonomous judiciary, and a robust media. Although the Indian constitution clearly outlines a number of essential rights to support the human rights accorded to all citizens, its organs have failed to carry them out, raising severe concerns about India’s human rights record. The complexity of human rights in India stems from the nation’s size and population, pervasive poverty, rich cultural diversity, and dearth of many basic amenities like healthcare and education. The Indian police system now in place is one of the primary factors raising major concerns about India’s human rights situation. The Indian police system now in place is one of the primary factors raising major concerns about India’s human rights situation. Reforms to the Indian Police force are necessary to prevent thousands of citizens’ human rights from being infringed. The current Police force serves the interests of prominent politicians over those of everyday people. Police frequently overstep their bounds and purposefully violate the human rights of defence-less bystanders.

Keywords: Police Brutality, police, Human Rights