Category: Volume 4 and Issue 2 of 2024

DIGITAL DISRUPTION: LEGAL IMPLICATIONS FOR COMMERCIAL TRANSACTIONS IN 21^ST CENTURY

AUTHORS – RUDRAKSH SINGH SISODIA & MIMANSA JOSHI, STUDENTS AT RAJIV GANDHI NATIONAL UNIVERSITY OF LAW

BEST CITATION – RUDRAKSH SINGH SISODIA & MIMANSA JOSHI, DIGITAL DISRUPTION: LEGAL IMPLICATIONS FOR COMMERCIAL TRANSACTIONS IN 21ST CENTURY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 44-50, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Digital disruption has become a pervasive force in the 21st century, reshaping industries and challenging traditional ways of conducting commercial transactions. This paper explores the legal implications of the widespread adoption of digital technologies in the industry in the 19th century. The study examines how developments such as blockchain, smart contracts, and artificial intelligence impact the legal framework governing business transactions.

The paper examines the challenges and opportunities presented by digital disruption, focusing on issues such as data privacy, contractual relationships, and compliance. In addition, it examines the growing role of intermediaries and the need for a regulatory framework to accommodate the dynamics of digital networks.

This paper aims to provide insight into the legal challenges associated with digital disruption in business practices through a comprehensive review of relevant legal literature, case studies, and legal developments. By understanding regulatory implications, stakeholders including businesses, lawyers, and policymakers can better navigate the rapidly changing digital economy landscape The findings of this study contribute to an ongoing discourse on regulation-changing policies to ensure proper regulation and protection of digital stakeholder networks.

Keywords: Digital disruption, Legal implications, Commercial transactions, E-commerce, Cybersecurity

INTERNSHIPS THROUGH THE LENS OF LABOUR LAW: A CRITICAL ANALYSIS

AUTHORS – KARTIKEYA AMITABH MISHRA & ASTHA SAMANTA, STUDENTS OF NATIONAL LAW UNIVERSITY, JODHPUR

BEST CITATION – KARTIKEYA AMITABH MISHRA & ASTHA SAMANTA, INTERNSHIPS THROUGH THE LENS OF LABOUR LAW: A CRITICAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 33-43, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

In an era of hyper globalisation where domestic employers have to compete at international levels, interns/legal trainees have become extremely important given the fact that they are a significant source of cheap and flexible labour, thereby reducing potential labor costs. Internships are very important for Indian graduates from an employment perspective with statistics showing that a significant portion of Indian graduates chose to pursue internships for employment purposes. Since internship falls at the edges of legal protection and generally beyond the labor law protection; concerns arise regarding the social well-being of the interns and their potential exploitation for work as cheap labor. Issues also arise with regards to the conversion rates of internships into employment, socio-economic discrimination, sexual exploitation, etc. Therefore the authors have decided to make a research project on this issue. The author has adopted a comparative approach to critically analyze the phenomena of internships and their impact on employability outcomes within India.

MARITAL RAPE: UNVEILING THE HIDDEN PAIN

AUTHOR – PULAK BISEN, STUDENT AT RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PUNJAB

BEST CITATION – PULAK BISEN, MARITAL RAPE: UNVEILING THE HIDDEN PAIN, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 14-18, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Marital rape is a common but sometimes hidden kind of domestic abuse that is still a major problem in the world. The abstract delves into the various aspects of marital rape, emphasizing its significant influence on victims, cultural perceptions, and legal structures. Cultural, religious, and legal hurdles continue to prevent marital rape from being reported or acknowledged, despite tremendous advancements for women’s rights. The study explores the psychological, physical, and emotional trauma that survivors endure, which is exacerbated by stigma and a dearth of resources for help. It looks at the development of legal viewpoints about marital rape, comparing and contrasting jurisdictions that maintain spousal immunity with others that acknowledge it as a crime. To address this hidden suffering, the study emphasizes the critical need for comprehensive legislative reform and public education through a review of recent research, survivor accounts, and legal assessments. The study highlights the significance of lobbying and advocates for a worldwide agreement to criminalize marital rape and to establish strong support systems for victims. This concept aims to spark a paradigm change toward acknowledging and resolving this violation of human rights inside the sacredness of marriage by exposing the hidden suffering associated with marital rape.

AUTONOMOUS VEHICLES AND THE ISSUE OF NEGLIGENT LIABILITY

AUTHOR – NANDINI SINGH, STUDENT AT RAM MANOHAR LOHIA NATIONAL LAW UNIVERSITY

BEST CITATION – NANDINI SINGH, AUTONOMOUS VEHICLES AND THE ISSUE OF NEGLIGENT LIABILITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 26-32, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTARCT

In the age of lightning-fast technology development, driverless cars have become a game-changer in the transportation industry. The growing integration of these cars into our daily lives raises important questions about the legal ramifications of their functioning, particularly concerning tort law. This research explores the complex relationship between tort law and autonomous vehicles, concentrating on the difficult problem of negligence-related liability. In contrast to traditional vehicles, autonomous vehicles utilize sophisticated algorithms, sensors, and artificial intelligence to maneuver through diverse situations. Therefore, when an accident happens, figuring out who is responsible for what becomes a complex task. With an emphasis on fault, foreseeability, and the role of human intervention, this study seeks to analyze the subtleties of negligence in the context of autonomous cars.

This paper also highlights that with the advancing development, India must make laws and regulations to prepare itself for the upcoming advancement. India, at present, does not have any legislation for autonomous vehicles. It is rapidly increasing its technological development. Although the concept of autonomous vehicles is at a very nascent stage in India, with the declaration of a startup MINUS ZERO about India’s first self-driven car, it is imperative to bring about laws that deal with the problems of negligence liability and privacy related to autonomous vehicles. ^[1] As we embark on this exploration, it becomes important to navigate through the intricate tapestry of legal doctrines, technological advancements, and societal expectations. By unraveling the layers of liability in the context of negligence and examining the gaps in current legislation, this project aims to contribute to the ongoing discourse surrounding the harmonization of law and technology, particularly in the dynamic realm of autonomous vehicles.

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[1] HT AUTO DESK, ‘India’s first self-driving car unveiled, startup plans to emulate Tesla, google’ ( HT AUTO, 5 June 2023)< https://auto.hindustantimes.com/auto/cars/indias-first-self-driving-car-unveiled-by-bengaluru-based-startup-with-plans-to-emulate-tesla-google-41685937249629.html> accessed 19 February 2024

CASE COMMENTARY ON M.L ABDUL JABHAR SAHIB VS VENKATA SASTRI AND SONS & ORS

AUTHOR – YASHVARDHAN VATS, STUDENT AT CHRIST UNIVERSITY

BEST CITATION – YASHVARDHAN VATS, CASE COMMENTARY ON M.L ABDUL JABHAR SAHIB VS VENKATA SASTRI AND SONS&ORS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 23-25, APIS – 3920 – 0001 & ISSN – 2583-2344

FACTS

The case revolves around one of the most important sections which is section 3 of the Transfer of Property Act. The applicant (M.L Abdul jabhar sahib)filed a suit against H.V.Venkata Sastri For the recovery of the monies on the basis of the promissory notes. The suit was initially filed under the Madras High Court.

DECODING COMPETITION: A COMPREHENSIVE ANALYSIS OF THE EVOLUTIONARY LANDSCAPE THROUGH THE LENS OF THE COMPETITION AMENDMENT ACT, 2023

AUTHOR – ANSHIKA GUPTA, STUDENT AT RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PUNJAB

BEST CITATION – ANSHIKA GUPTA, DECODING COMPETITION: A COMPREHENSIVE ANALYSIS OF THE EVOLUTIONARY LANDSCAPE THROUGH THE LENS OF THE COMPETITION AMENDMENT ACT, 2023, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 19-22, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract:

This research explores the complex dynamics of market competition and looks at how the Competition Amendment Act, 2023 has changed the evolutionary environment. The Act, a crucial piece of legislative reform, attempts to meet the intricacies of modern market conditions that are marked by globalization and quick technology improvements. This article investigates the effects of the modifications on encouraging fair competition, discouraging anti-competitive behaviour, and advancing consumer welfare through a thorough analysis. Important clauses including strengthening merger control laws, establishing a settlement process, and giving the Competition Commission of India (CCI) more authority is carefully considered. The study evaluates how these modifications rebalance the power between major players in the market and smaller companies in an effort to foster a fairer and more equal competitive environment. Additionally, the study looks into how the Act would affect digital marketplaces, specifically with regard to data protection and the dominance of tech companies. The study clarifies the practical consequences of the legal amendments by looking at case studies and actual data, showing both achievements and difficulties. The analysis emphasizes how important it is to have strong enforcement mechanisms and ongoing regulatory adaption in order to maintain competitive marketplaces. In summary, the Competition Amendment Act, 2023, is a significant change to India’s foundation for competition law and reflects a proactive response to changing market conditions.

IMPOVERISHED JUSTICE: UNRAVELLING THE LAYERS OF BAIL AND JUDICIAL DISCRETION

AUTHOR – SHIVANSHU GUSAIN, STUDENT AT GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY

BEST CITATION – SHIVANSHU GUSAIN, IMPOVERISHED JUSTICE: UNRAVELLING THE LAYERS OF BAIL AND JUDICIAL DISCRETION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 01-13, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

“The main objective of bail is neither punitive nor preventive, but only to witness whether the accused appears to take part in the trial.”– Justice G.S Singhvi

The theoretical aspect of the Indian Bail system protects the rights of the individuals and ensures fair treatment to all citizens, but the practicality shows poor implementation of the bail laws specifically while dealing with the poor or under-trials. Indian Judiciary plays a crucial role while granting bail, but they do not take into consideration socio-economic disparities of the economically marginalized. In a system where financial resources often dictate access to justice, individuals without means are disproportionately disadvantaged. As these people suffer to afford legal representation, paying sureties is even more difficult for them. Equality means to be treated as equal based upon the circumstance of the person. The Lower Level of Judiciary has shown only through a few circumstances where they have granted bail to poor or marginalised thus, adding a lot of burden to the High Courts and the Apex Court which shows shortfalls in the Bail System leading to delay in trials due to overcrowded courts and lengthy legal procedure. There are potential methods to change the situation of the current system which are highlight in the research paper. It advocates for reforms aimed at enhancing access to legal aid for the economically disadvantaged, streamlining bail procedures to expedite hearings, and implementing mechanisms to ensure fair and consistent application of bail laws across different socioeconomic groups. It advocates for reforms aimed at enhancing access to legal aid for the economically disadvantaged, streamlining bail procedures to expedite hearings, and implementing mechanisms to ensure fair and consistent application of bail laws across different socioeconomic groups.

INDIA’S GLOBAL IMPRESSION- INFLUENCE OF DIGITAL DIPLOMACY

AUTHOR – DR.SATISH KARAD, ASSO.PROFESSOR IN POLITICAL SCIENCE, INDRARAJ ARTS,COMMERCE AND SCIENCE COLLEGE, SILLOD

BEST CITATION – DR.SATISH KARAD, INDIA’S GLOBAL IMPRESSION- INFLUENCE OF DIGITAL DIPLOMACY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1596-1597, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract:

The substantial online population renders social media a critical platform for digital diplomacy, facilitating the announcement of new foreign policy measures and initiatives, as well as the monitoring of public opinion to enhance the understanding of international relations. Social media platforms enable policymakers to communicate directly with governments across the globe.  India’s digital diplomacy has garnered significant attention and acclaim in recent years. Prime Minister Shri Narendra Modi (@narendramodi) holds the distinction of being the most followed politician on X (formerly Twitter), and he is the sole global leader to surpass 20 million subscribers on YouTube. This Paper Focuses on investigation of digital modes and social media as effective means of diplomacy for India across the globe.

Key Words: India’s Global role, Digital diplomacy