Category: Volume 5 and Issue 10 of 2025

LEGITIMATE EXPECTATION IN TRANSFERS; TRANSFER DISPUTES AND ADMINISTRATIVE POLICIES

AUTHOR – VISHAL LOLARKNATH TIWARI, RESEARCH ASSOCIATE/ LAW CLERK AT ALLAHABAD HIGH COURT

BEST CITATION – VISHAL LOLARKNATH TIWARI, LEGITIMATE EXPECTATION IN TRANSFERS; TRANSFER DISPUTES AND ADMINISTRATIVE POLICIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 407-411, APIS – 3920 – 0001 & ISSN – 2583-2344

Introduction

The scope of judicial review under Article 226 concerning transfer orders has long been debated. Initially, uncertainty prevailed over whether courts could intervene in administrative decisions regarding transfers. However, this issue has now been conclusively settled. The Supreme Court of India, in Pubi Lombi v. State of Arunachal Pradesh,^[1] reaffirmed the established legal position by relying on key precedents that shaped the jurisprudence on transfer orders.

Transfer orders fall within the domain of administrative discretion, serving organizational efficiency and governance. Courts have traditionally refrained from interfering in such decisions unless they violate constitutional rights, statutory provisions, or principles of natural justice. Judicial review under Article 226 is limited in scope and applies only when a transfer order is arbitrary, mala fide, or contrary to established legal principles.

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[1] 2024 SCC OnLine SC 279

“BAIL AND JUDICIAL REVIEW”

AUTHOR- MOHAMMAD AZEEM CHAUDHARI* & MS. ASTHA SRIVASTAVA**

*LLB, AMITY LAWS SCHOOL

** ASSISTANT PROFESSOR OF AMITY LAWS SCHOOL, AMITY UNIVERSITY LUCKNOW, UTTAR PRADESH

BEST CITATION – MOHAMMAD AZEEM CHAUDHARI & MS. ASTHA SRIVASTAVA, “BAIL AND JUDICIAL REVIEW”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 392-406, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The institution of bail and doctrine of judicial review are core principles of a democratic justice system, particularly in the context of constitutional and criminal law. Bail is a legal mechanism to secure the freedom of an accused pending trial, upholding the presumption of innocence and safeguarding citizens from excessive pre-trial confinement. Judicial review, by contrast, acts as a constitutional check whereby superior courts can examine the legality and justice of judgments made by subordinate courts and executive organs, such as orders for the grant or withholding of bail. The balancing act between bail and judicial review assumes a critical role where the cases involve constitutional rights, procedural impropriety, and legal process abuse. This abstract discusses the development of bail jurisprudence in terms of constitutional provisions, judicial principles, case laws, and international human rights standards, and examines how judicial review serves as a corrective and supervisory device in ensuring that bail orders are made justly, equitably, and within the scope of the law. Stress is given to the judiciary’s role to achieve a balance between personal freedom and public interest, particularly under special laws, and protection of rights of marginalized and undertrial groups through its judicial review power.KEYWORDS: Bail, Judicial Review, Criminal Justice, Personal Liberty, Fundamental Rights, Constitution of India, Pre-trial Detention, Anticipatory Bail, Judicial Discretion,

A CRITICAL STUDY OF THE PRIVATE BANKING SYSTEM IN INDIA

AUTHOR – KUNAL KUMAR TULI, STUDENT AT AMITY UNIVERSITY

BEST CITATION – KUNAL KUMAR TULI, A CRITICAL STUDY OF THE PRIVATE BANKING SYSTEM IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 386-391, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The private banking sector in India plays a pivotal role in fostering financial intermediation, mobilizing capital, and supporting economic development. In recent decades, private banks have significantly expanded their presence, often outpacing public sector counterparts in terms of technological adoption, service delivery, and customer experience. This dissertation undertakes a critical examination of the structure, performance, and regulatory framework of the private banking system in India. It explores the evolution of private banking post-liberalization, evaluates key operational and governance models, and assesses the systemic importance of leading private sector banks. The study further analyzes regulatory oversight by the Reserve Bank of India (RBI), especially in light of rising concerns over non-performing assets (NPAs), financial frauds, and corporate governance lapses. Using both qualitative and quantitative methodologies, including case studies of prominent banks, the research identifies structural vulnerabilities, compliance challenges, and policy gaps. The dissertation concludes with recommendations aimed at strengthening risk management, enhancing regulatory transparency, and promoting sustainable growth within India’s private banking ecosystem.

SUSTAINABLE AGRICULTURE AND FOOD SYSTEM IN INDIA: CHALLENGES AND OPPORTUNITIES

AUTHOR – TANAZ SIDDIQUI* & NIKUNJ SINGH YADAV**

* STUDENT AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN

** ASSISTANT PROFESSOR AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN

BEST CITATION – TANAZ SIDDIQUI & NIKUNJ SINGH YADAV, SUSTAINABLE AGRICULTURE AND FOOD SYSTEM IN INDIA: CHALLENGES AND OPPORTUNITIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 376-385, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

India has recently been experiencing a rapid transformation as it approaches the status of a developed nation, potentially surpassing others in this regard sooner than expected. Nevertheless, this progress has sparked concerns due to the country’s increasing population, prompting experts to advocate for “sustainable development” to ensure that the nation’s achievements remain accessible for future generations, a cause that has garnered significant attention in recent years. While various sectors continue to thrive, agriculture has consistently served as the foundation of the Indian economy; thus, to establish a robust agricultural system, the concept of sustainable agriculture has been emphasized heavily in recent times.

The primary aim of sustainable agriculture is to alleviate hunger, poverty, and malnutrition for the expanding population of the nation while also ensuring environmental well-being. In a country like India, food security has become a top priority due to the rapid population growth. The issues of sustainable agriculture and food security have emerged as significant concerns in the twenty-first century. The Green Revolution has been crucial in achieving high food productivity, but it has also resulted in soil and water pollution, climate change, and a decrease in biodiversity. As a result, meeting the food needs of the population while protecting the environment presents two major challenges for the agricultural sector. Therefore, sustainable agriculture must adopt comprehensive approaches and demonstrate adaptability and flexibility over time to adequately address the increasing demands for food production. This article aims to raise awareness about food security and to outline the challenges and opportunities associated with it for the benefit of humanity.

Key words: Sustainable Agriculture, Food Security, Environment, Poverty, Population.

A CRITICAL ANALYSIS OF THE INTERNATIONAL JUSTICE SYSTEM ON SELF DEFENCE IN INTERNATIONAL LAW

AUTHOR – GAYATHRI. U, POSTGRADUATE, LLM – INTERNATIONAL LAW AND ORGANIZATIONS, DEPARTMENT OF LEGAL STUDIES, UNIVERSITY OF MADRAS, ADVOCATEGAYATHRIUMAPATHY@GMAIL.COM

BEST CITATION – GAYATHRI. U, A CRITICAL ANALYSIS OF THE INTERNATIONAL JUSTICE SYSTEM ON SELF DEFENCE IN INTERNATIONAL LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 363-376, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT:

Self Defence being an inherent right, it can only be regulated and not restrained. Every state under international law is vested with the sovereign power to use defensive force against any unprecedented attacks or aggression. International law permits defensive force and prohibits offensive force. Apart from customary international law, the international justice system plays a predominant role in regulating the right to exercise defensive force by the state. Though defensive forces are considered a lawful use of force, they are not unlimited. It is pertinent to analyse the interpretation of international courts to understand the acceptable application and usage of self-defence. This research predominantly focuses on the judgments and opinions delivered by the Military Tribunals and the International Court of Justice on self-defence arising from pre- and post-Nicaragua. This research limits its focus to the practical aspects of self-defence and provides a vast exploration of the court’s interpretation of self-defence. This research contributes to the understanding of the Court’s view on the usage of self-defence in international law.

Keywords:

Self Defence, International Justice System, International Court of Justice, Nicaragua and Use of Force.

A CRITICAL STUDY ON TRANSGENDER AND THEIR PROPERTY RIGHTS

AUTHOR – S.KIRUTHIGA DEVI, LLM SCHOLAR AT SCHOOL OF EXCELLENCE IN LAW, TNDALU

BEST CITATION – S.KIRUTHIGA DEVI, A CRITICAL STUDY ON TRANSGENDER AND THEIR PROPERTY RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 303-309, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTARCT

In ancient India, transgender individuals were recognized as “Hijras” and also referred to as the Third gender and held a respected position in the society even sacred texts like the Ramayana and Mahabharata acknowledged and honored them. The respect for transgender individuals has drastically declined over time, particularly in matters of property rights. Nowadays, Many transgender individuals are abandoned and left vulnerable, often becoming “homeless”. This puts them in a critical situation where they face insults and discrimination. Inheritance laws, predominantly shaped by personal laws, frequently overlook transgender rights or outright deny them the entitlement to ancestral property. The personal laws classify individuals strictly as either male or female as a result, transgender individuals must align themselves with one of these categories to be recognized under inheritance laws. Beyond excluding transgender individuals from inheritance laws, the broader property rights framework presents significant challenges. Identifying legal successors is often difficult, as transgender individuals may lack proper documentation, face barriers to marriage, or struggle to prove adoption. These challenges create legal hurdles and undermine their inheritance rights by denying them the protections typically granted to other citizens. The Hindu Succession Act, which governs inheritance for Hindus, Jains, Sikhs, and Buddhists, lacks explicit recognition of transgender individuals, potentially leading to complexities in inheritance disputes. NALSA vs. Union of India^[1] considered to be a pivotal case conferred legal recognition upon transgender individuals as a third gender, affirming their rights to property ownership and inheritance. However, persistent social stigma restricts their practical access to these entitlements. Strengthening transgender inheritance rights through clear legal frameworks and ensuring equitable access to housing and land ownership are essential legislative steps toward fostering an inclusive society and upholding respect for transgender individuals. This research paper explores the historical evolution of transgender rights, focusing on property ownership, inheritance, and legal recognition.

Key Words:  Transgender, ownership, inheritance, property rights, social stigma, legal      Recognition

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[1] AIR 2014 SC 1863

BALANCING PUBLIC PURPOSE AND PRIVATE PROPERTY: A LEGAL AND POLICY ANALYSIS OF PROPERTY OWNERS ASSOCIATION V. STATE OF MAHARASHTRA

AUTHOR – S.KIRUTHIGA DEVI, LLM SCHOLAR AT SCHOOL OF EXCELLENCE IN LAW, TNDALU

BEST CITATION – S.KIRUTHIGA DEVI, BALANCING PUBLIC PURPOSE AND PRIVATE PROPERTY: A LEGAL AND POLICY ANALYSIS OF PROPERTY OWNERS ASSOCIATION V. STATE OF MAHARASHTRA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 297-302, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

The conflict between individual rights to private property and the State’s authority to regulate land for public purposes remains a critical concern in Indian constitutional and property law. This paper examines the legal and policy dynamics between Property Owners’ Associations and the State of Maharashtra, with a focus on regulatory takings, development control rules, and urban planning frameworks. Concerning landmark judgments and statutory interpretations, the paper highlights the growing tensions in balancing the collective public good and constitutional guarantees under Article 300A. The intersection of private property rights and the state’s power of eminent domain has long been a contentious issue in Indian constitutional law. The case of Property Owners Association v. State of Maharashtra brings this conflict into sharp focus, offering a lens through which to examine the constitutional, legal, and policy dimensions of land acquisition for public purposes. This paper critically evaluates the background, legal arguments, judicial reasoning, and broader implications of the case. It also considers the balance between individual rights and collective welfare in the context of urban development and infrastructure expansion. By engaging with comparative jurisprudence, analyzing legal doctrines, and considering practical policy implications, this research aims to provide a nuanced understanding of the tension between public interest and private ownership.

Keywords: Eminent domain, public purpose, private property, constitutional law, urban development, land acquisition, Maharashtra

ROLE OF CONSTITUTIONAL COURTS IN PROTECTING WOMEN’S PROPERTY RIGHTS IN INDIA: A CASE STUDY OF LANDMARK JUDGMENTS

AUTHOR – PAVITHRA S* & DR.P.BRINDA**

* STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY

** ASSISTANT PROFESSOR, AT SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – PAVITHRA S & DR.P.BRINDA, ROLE OF CONSTITUTIONAL COURTS IN PROTECTING WOMEN’S PROPERTY RIGHTS IN INDIA: A CASE STUDY OF LANDMARK JUDGMENTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 291-296, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

               The protection and promotion of women’s property rights in India have undergone a significant transformation through judicial interpretation and constitutional advocacy. This study examines the pivotal role played by the Constitutional Courts particularly the Supreme Court and various High Courts, in safeguarding and advancing women’s rights to property under the Indian legal framework. Drawing landmark judgments of Supreme courts and various High Courts, this paper explores how judicial pronouncements have progressively interpreted provisions of the Constitution and personal laws to ensure gender justice. The analysis highlights the interplay between constitutional mandates of equality and non-discrimination (Articles 14, 15, and 21 of Indian Constitution) and the evolving jurisprudence on property rights, especially in the Hindu Succession law and other customary laws. By focusing on case studies, the research demonstrates how constitutional courts have not only rectified historical injustices but also established precedents that strengthen women’s legal and social standing in matters of inheritance and ownership. The paper concludes by reflecting on the continuing challenges and the need for judicial vigilance to uphold and expand women’s property rights in India.

KEYWORDS – Women’s property rights, Constitutional Courts, Supreme Courts, High Courts, Gender Justice, Equality, Non-discrimination, Hindu Succession, Judicial Vigilance.

SPACE DEBRIS AND MANAGEMENT: A LEGAL STUDY WITH SPECIAL HEED TO DEBRIS MITIGATION

AUTHOR – NAVIT VERMA* & DR. BHAWNA ARORA**

* BBA-LLB (HONS.), 5^TH YEAR, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY,  DEHRADUN,  UTTARAKHAND, INDIA.

**ASSOCIATE PROFESSOR (LAW), LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA.

BEST CITATION – NAVIT VERMA & DR. BHAWNA ARORA, SPACE DEBRIS AND MANAGEMENT: A LEGAL STUDY WITH SPECIAL HEED TO DEBRIS MITIGATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 282-290, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Space debris, conforming of defunct satellites, spent rocket stages, and fractions from collisions or decomposition, has become a growing concern for space operations. As the number of space operations increases, so does the number of debris in Earth’s route, raising the threat of inter-collisions that could peril both the being and unborn space conditioning. This article intends to explore the origins, current status, and implicit hazards associated with space debris, emphasizing the critical need for effective operation strategies. From enlisting the various cornerstone and fundamental framework and the articles within it examines both preventative and remedial approaches, including bettered satellite design, compliance with end- of- life disposal guidelines, and the development of active debris junking technologies.  Space Debris Mitigation is a crucial and regenerating part of the issue. The article also pays heed on the part of trans-national collaboration and non-supervisor sweats in addressing this global issue. By assessing current challenges and arising results, the study underscores the significance of timely and coordinated action to insure the long- term sustainability of external and outer space. The article also focuses on the future and upcoming trends in the field of debris management. Managing space debris isn’t only a specialized imperative but also a strategic and ethical responsibility participated by all spacefaring nations and associations including the private entities.

Keywords: Space Debris, Inter-Collisions, Space Conditioning, Cornerstone & Fundamental Framework, Preventive & Remedial Approaches, Active Debris Junking, Space Debris Mitigation, Trans-National collaboration, Ethical Responsibility, Space Faring Nations.

MERGERS AND ACQUISITIONS IN THE INDIAN TECHNOLOGY SECTOR: REGULATORY ISSUES AND CHALLENGES

AUTHOR – ARYAN CHATURVEDI, AMITY LAW SCHOOL NOIDA

BEST CITATION – ARYAN CHATURVEDI, MERGERS AND ACQUISITIONS IN THE INDIAN TECHNOLOGY SECTOR: REGULATORY ISSUES AND CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 271-281, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The Indian technology sector has emerged as a key driver of economic growth and innovation, attracting significant investment and strategic interest both domestically and globally. In this context, mergers and acquisitions (M&A) have become instrumental in reshaping the competitive landscape, enabling firms to scale operations, access new markets, and enhance technological capabilities. However, the regulatory environment governing M&A activity in India presents a complex array of challenges. This dissertation critically examines the legal, procedural, and policy-related dimensions of M&A in the Indian technology sector. It analyzes the role of key regulatory bodies such as the Competition Commission of India (CCI), the Securities and Exchange Board of India (SEBI), and the Reserve Bank of India (RBI), alongside sector-specific considerations under the Companies Act, 2013 and the Foreign Exchange Management Act (FEMA), 1999. The study further explores emerging concerns around data privacy, cross-border transactions, and antitrust scrutiny in the digital economy. Through case law analysis, industry data, and comparative insights, the research identifies existing gaps and ambiguities in the regulatory framework, proposing recommendations to ensure a more efficient, transparent, and innovation-friendly M&A regime in India’s rapidly evolving technology ecosystem.