Category: Volume 5 and Issue 10 of 2025

A TUSSLE BETWEEN GAME OF SKILL AND GAME OF CHANCE

AUTHOR – MR. CHIRAG DAVE* & DR. ATUL MORE**

* ADVOCATE AND SCHOLAR FROM DEPARTMENT OF LAW, SAVITRIBAI PHULE PUNE UNIVERSITY

** PROFESSOR AT SAVITRIBAI PHULE PUNE UNIVERSITY, PUNE

BEST CITATION – MR. CHIRAG DAVE & DR. ATUL MORE, A TUSSLE BETWEEN GAME OF SKILL AND GAME OF CHANCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 180-185, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The online gaming industry is growing at a tremendous pace and with the evolution of fantasy sports games, the online gaming industry has become more popular. With the growth of the industry there are growing concerns pertaining to the privacy issues, security concerns, ethical practices, addictions among youths, etc. The platforms that provide such fantasy sports generally allows the players to have multiple teams so as to eliminate their risk of losing and this increases their ‘chance’ of winning big money. The ‘skill’, so to speak—primarily lies with the app developers and platform owners, who capitalize on this by charging users various fees under the guise of platform or service charges. In many cases, they generate substantial revenue not necessarily from the core value of the service itself, but by acting as gatekeepers and intermediaries between the service providers and end users. The Supreme Court and various High Courts have permitted various online fantasy games as games of skill. However, there is an urgent need for a comprehensive framework to regulate the gaming industry. This paper analyses the difference between the game of skill and game of chance and also discusses the role of various voluntary organizations promoting the gaming industry. 

Key Words: Fantasy online games, game of sill, game of chance, gaming laws.

AN CRITICAL ANALYSIS ON CREDITORS LEGAL RIGHTS UNDER IBC,2016

AUTHOR  – SANJAIRAAJ.A.S, STUDENT AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCE (SIMATS), SAVEETHA UNIVERSITY, CHENNAI-600077

BEST CITATION – SANJAIRAAJ.A.S, AN CRITICAL ANALYSIS ON CREDITORS LEGAL RIGHTS UNDER IBC,2016, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 163-179, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

The Insolvency and Bankruptcy Code (IBC), 2016, is a landmark reform in India’s legal and economic landscape, designed to address the longstanding issues of debt recovery and insolvency resolution. This research critically analyzes the legal rights of creditors under the IBC, focusing on the mechanisms that empower them to initiate insolvency proceedings and secure their dues. It explores the operational dynamics between financial and operational creditors, examining the implications of the priority given to different classes of creditors in the distribution of proceeds from insolvency resolution or liquidation. The study also scrutinizes the role of the Committee of Creditors (CoC), particularly the extent of its powers in decision-making during the Corporate Insolvency Resolution Process (CIRP). The research method followed here is empirical research. The sample size of 221 samples have been taken out of which is taken through convenient sampling. The sampling frame taken by the researcher using the google forms in and around Chennai. The independent variables used are age, gender, educational qualification, Income and Marital status. The dependent variables used are the primary objective of the Insolvency and Bankruptcy code(IBC) the transparency and accountability of the insolvency resolution process as mandated by IBC 2016.The statistical tools used in the research were simple bar charts and chi Square test.

KEYWORDS: Creditors rights, Financial Creditors, Operational Creditors, Insolvency and Bankruptcy Code (IBC) ,Debtor.

JUDICIAL INTERVENTION IN ARBITRAL AWARDS: UNDERSTANDING GAYATRI BALASAMY AND THE BOUNDARIES OF MODIFICATION

AUTHOR – ARYAN SAGAR DIXIT & KAUSTUBH KUWAR, STUDENTS AT ILS LAW COLLEGE, PUNE

BEST CITATION – ARYAN SAGAR DIXIT & KAUSTUBH KUWAR, JUDICIAL INTERVENTION IN ARBITRAL AWARDS: UNDERSTANDING GAYATRI BALASAMY AND THE BOUNDARIES OF MODIFICATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 150-162, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT –

The modification of arbitral awards by Indian courts presents a doctrinal ambiguity in arbitration jurisprudence. While the Arbitration and Conciliation Act, 1996 does not explicitly grant courts the power to modify awards, judicial interpretations have evolved to accommodate limited interventions. Historically, the Arbitration Act of 1940 provided express statutory grounds for modification, but this provision was omitted in the 1996 Act, aligning India’s arbitration framework with the UNCITRAL Model Law. However, the Supreme Court, in Gayatri Balasamy v. Novasoft Technologies Ltd., established that courts can exercise a limited power to modify awards, particularly when correcting computational, clerical, or procedural errors. This paper critically examines the status quo of judicial reasoning on arbitral award modification, addressing the implications of Gayatri Balasamy and contrasting India’s approach with the legislative frameworks of Singapore and the United Kingdom, which explicitly allow judicial modification. The paper further analyses the role of Article 142 of the Constitution in enabling judicial interventions, the challenges posed to finality and party autonomy, and the broader consequences for India’s arbitration landscape.

CRITICAL ANALYSIS OF DIGITAL PERSONAL DATA PROTECTION ACT IN RELATION TO SOCIAL MEDIA DATA AGGREGATION

AUTHOR –ROHITA BOSE* & ASST.PROF RAMAKANT TRIPATHI**

* STUDENT AT LAW COLLEGE DEHRADUN / UTTARANCHAL UNIVERSITY

** ASSISTANT PROFESSOR AT LAW COLLEGE DEHRADUN / UTTARANCHAL UNIVERSITY

BEST CITATION – ROHITA BOSE & ASST.PROF RAMAKANT TRIPATHI, CRITICAL ANALYSIS OF DIGITAL PERSONAL DATA PROTECTION ACT IN RELATION TO SOCIAL MEDIA DATA AGGREGATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 142-149, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

An unprecedented digital data boom and unrelenting technical innovation have made protecting personal data a top priority for people, businesses, and governments around the world. There has been discussion on how social media affects people’s right to privacy. Due to global digitisation, especially in India, the significance of data protection has increased to previously unthinkable heights in recent decades.Since the dawn of human civilisation, the concept of “privacy” has existed. However, privacy could be difficult to comprehend.Scholars cannot agree on a single definition of “privacy” because the concept changes with society. The concept of the right to privacy has evolved over time to encompass rights that have arisen throughout human history, such as the right to anonymity or the right to privacy. This freedom must be safeguarded because digital media is so prevalent in today’s society. The Digital Personal Data Protection Act, 2023, is significant because it empowers people and protects their rights by establishing guidelines for the appropriate handling of personal data. The main objective of the DPDP Act is to increase the standard of accountability and responsibility for companies that are subject to Indian law, such as internet service providers, mobile applications, and companies that gather, store, and alter personal data. By emphasising the preservation of the “Right to Privacy,” this law seeks to guarantee that these organisations function transparently and are held responsible for how they use personal information, thus placing a high premium on individual rights to privacy and data security.Thus, examining the Digital Data Protection Act of 2023 from a privacy perspective is pertinent.

KEYWORDS– Data protection, privacy, social media, digital data

OCEAN POLLUTION: A GROWING ALARM

AUTHOR – SHIVAM YADAV* & ASHOK DOBHAL**

* STUDENT AT LAW COLLEGE DEHRADUN / UTTARANCHAL UNIVERSITY

** ASSISTANT PROFESSOR AT LAW COLLEGE DEHRADUN / UTTARANCHAL UNIVERSITY

BEST CITATION – SHIVAM YADAV & ASHOK DOBHAL, OCEAN POLLUTION: A GROWING ALARM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 136-141, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

In present scenario the environment has facing plastic pollution in the world in different countries mainly those countries who has willing to increase the economy and most developed by the help of technology but there waste management infrastructure is insufficient but the oceans of the whole world is directly harmed by the impact of macro plastic items and degradation and convert in the form of micro plastic. the article only for awareness about the ocean pollution by the hazardous or harmful impact of plastic now it’s a duty of every citizen to take beneficial steps .In 2016 plastic waste management rules in the discussion or  the time to make international framework by the participate all over the countries are needed for protection of environment .plastic pollution also gave death of aquatic animals in the oceans due to impurity of water particles .also we have watch in covid 19 pandemic period the environment can recover the purities of nature but the time has end of the covid 19 pandemic is over the startup of industries or use of plastic is restart up or the oceans , rivers are badly impact of the impurities of the bad particles of the plastic .businessman only markable his own benefit but they had did not watch they harmed the environment or they did not watch the hazardous impact now it’s a time to every citizen is bound to protect the environment , bureaucrats’ representator , leaders to take steps for prohibition of the acts in the countries on the behalf of right to life or every citizen or everybody necessity to live and healthy and clean environment human as well as all living beings its directly recognize in Stockholm declaration.

Plastic pollution responsible for death of nine millions premature deaths per year, it necessary to control pollutions of the oceans and safeguard human health. the 80 % of ocean plastic come from land-based resources, and remaining come from 20% marine sources.

A STUDY ON THE IMPACT OF CYBER TERRORISM ON NATIONAL SECURITY WITH SPECIAL REFERENCE TO CHENNAI

AUTHOR – T. SANTHOSH* & R.RITHIK RAJAN**

STUDENTS AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES (SIMATS), CHENNAI-600056

BEST CITATION – T. SANTHOSH* & R.RITHIK RAJAN, A STUDY ON THE IMPACT OF CYBER TERRORISM ON NATIONAL SECURITY WITH SPECIAL REFERENCE TO CHENNAI, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 94-114, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

In the contemporary landscape of global security, cyber terrorism has emerged as a formidable threat, reshaping the paradigms of national security and geopolitical stability. The term ‘cyber terrorism’ refers to the use of digital technology to conduct premeditated, politically motivated attacks aimed at undermining the stability and security of a nation. This phenomenon, while not entirely new, has evolved significantly over the past few decades, reflecting broader technological advancements and the increasing reliance on digital infrastructure in both public and private sectors. The main objective of this research is to  explore the factors influencing the susceptibility of national infrastructure to cyber terrorist attacks and to evaluate the role of international cooperation in enhancing national cybersecurity and countering cyber terrorism. This paper followed an empirical method of research. The data is collected through a questionnaire with a set of questions and the sample size is 232. This study used a Convenience sampling method to collect the data. The samples were collected from the general public in reference to the Tiruvallur region. The independent variables are Gender, Age, Educational Qualifications, Occupation and Marital status. The dependent variables are impacts of increasing cyber terrorism across the world and way to mitigate the effects of such attacks. The findings suggest that advancements in technology are seen as a significant driving factor behind the rise in cyberattacks. This aligns with the rapid evolution of technology, which often outpaces the ability of organisations and governments to secure their systems against sophisticated threats.

KEYWORDS: Cyber terrorism, National security, Cyber threats, Critical infrastructure, Security measures

A STUDY ON THE CHALLENGES UNDER ONLINE DISPUTE RESOLUTION IN INDIA

AUTHOR – BHARATH.V, STUDENTS AT SAVEETHA SCHOOL Of LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES (SIMATS), CHENNAI-600056

BEST CITATION – BHARATH.V, A STUDY ON THE CHALLENGES UNDER ONLINE DISPUTE RESOLUTION IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 115-135, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

The evolution of Online Dispute Resolution (ODR) in India has been significant in recent years. While traditional methods of dispute resolution, such as litigation and arbitration, have been predominant, the advancement of technology and the need for more efficient and accessible methods of resolving disputes have paved the way for ODR in India. Here are some key aspects of the evolution of ODR in the country:Legal Recognition: In 2018, the Indian government introduced the Legal Services Authorities (Amendment) Bill, which recognized and provided a legal framework for ODR mechanisms. This recognition has given legitimacy to ODR processes and increased their acceptance in the Indian legal system.Online Mediation and Arbitration: ODR platforms and institutions have emerged in India, offering online mediation and arbitration services.  For instance, the Ministry of Law and Justice launched the Tele-Law program, which provides legal advice and ODR services to citizens in rural areas through video conferencing and helpline services.The present study is based on primary data collection by the researcher and the secondary data from books,journal,and online sources.A Total  of 205 samples have been collected out of which all samples,Techniques for resolving disputes range from procedures in which the parties have complete control over the procedure to methods in which a third-party control both the process and the outcome.

KEYWORDS: Online, Government, amendments, resolution, technology.

SUSTAINABLE DEVELOPMENT IN RELATION WITH HUMAN RIGHTS AND ITS AGENDA 2030

AUTHOR – ISHIKA KHURANA* & MR. MANISH BHARADWAJ**

* STUDENT, IXTH SEMESTER, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, 248007, INDIA, EMAIL: ISHIKAKHURANA23@GMAIL.COM

** ASSISTANT PROFESSOR, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, 248007, INDIA

BEST CITATION – ISHIKA KHURANA & MR. MANISH BHARADWAJ, SUSTAINABLE DEVELOPMENT IN RELATION WITH HUMAN RIGHTS AND ITS AGENDA 2030, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 76-84, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Human rights are fundamental to all three of sustainable development’s dimensions—social, environmental, and economic—and are necessary to achieve development that leaves no one behind. This research paper provides an in-depth analysis of the interconnectedness between human rights and the 2030 Agenda for Sustainable Development. It emphasizes the role that human rights play in achieving the three pillars of sustainable development—social, environmental, and economic—and their centrality in the overarching goal of “leaving no one behind.” The paper illustrates how the 169 Sustainable Development Goals (SDGs) are deeply aligned with international human rights norms, with over 90% of the SDG targets being in harmony with fundamental labour and human rights principles. A key argument in the paper is that the SDG framework and human rights principles reinforce each other, especially with regard to equality, non-discrimination, and the inclusion of marginalized groups. The paper highlights the explicit connections between specific SDG targets and key human rights provisions, underscoring the role of human rights frameworks in shaping the achievement of the SDGs. The paper also stresses the importance of accountability in the implementation of the 2030 Agenda, particularly through Voluntary National Reviews (VNRs). It advocates for integrating human rights reporting into the VNR process and provides guidance on how states can reuse their existing human rights reports to meet the SDG monitoring requirements. This approach is particularly relevant for ensuring transparent, participatory, and inclusive processes in the monitoring and reporting of progress towards the SDGs. Disaggregated data is presented as a critical tool for understanding the specific challenges faced by excluded and vulnerable groups. The research advocates for a human rights-based approach to the 2030 Agenda, which requires addressing the needs of those most behind and ensuring that data collection and analysis reflect the realities of marginalized communities. Finally, the paper highlights the role of the United Nations (UN) system, especially the Human Rights Council (HRC), UNDP, OHCHR, and UN Country Teams, in supporting the integration of human rights into the implementation of the SDGs. The paper concludes by urging the institutionalization of human rights- based approaches within the UN’s development activities, emphasizing that the achievement of the SDGs depends on robust, rights-oriented governance and accountability mechanisms .In essence, this research paper provides a comprehensive framework for integrating human rights into the implementation and monitoring of the 2030 Agenda, calling for greater collaboration among governments, international institutions, and the private sector to ensure that no one is left behind in the pursuit of sustainable development.

Keywords: Human Rights, Agenda 2030, SDG Targets, Human Rights Council, Voluntary National Review

ARBITRATION LAWS IN INDIA, UK AND USA: A COMPARITIVE STUDY

AUTHOR – UDIT CHAUDHARY* & NIKUNJ YADAV**

* STUDENT, XTH SEMESTER, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, 248007, INDIA, EMAIL:UDITCHAUDHARY9897@GMAIL.COM

** ASSISTANT PROFESSOR, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, 248007, INDIA, EMAIL: NIKUNJYADAV83@GMAIL.COM

BEST CITATION – UDIT CHAUDHARY & NIKUNJ YADAV, ARBITRATION LAWS IN INDIA, UK AND USA: A COMPARITIVE STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 85-93, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Arbitration evolved in response to the requirement of disposing of disputes with a speedy and specialist approach, in lieu of litigation. Significance of the mechanism, as an alternative way to resolve commercial conflicts, has increased tremendously over the last decades, especially within the international context. But the efficacy of any arbitration process runs to the core of the national law of arbitration (substantive law) that prescribes the scope of powers exercisable by the arbitrator and finally decides on the enforcement of the award. While there are international norms which have urged some uniformity, in the domestic laws on arbitration, most world nations have enacted laws in the form appropriate to their national needs. Therefore, the fate of international arbitrators remains subject to the sound selection of national laws by parties. It is at this stage that it will not be a wrong exercise to carry out comparative analysis on arbitration laws as existing in India, USA and UK. Arbitration is a central dispute resolution mechanism outside the conventional judiciary, providing parties with a quicker and more discreet option.

Arbitration is a technique for conflict resolution not involving the court. This research targets the examination and comparison of India’s arbitration law, that of the UK, the US, and the UNCITRAL Model Law. The study will explore the evolution of arbitration legislation in India with specific reference to the Arbitration and Conciliation Act, 1996.The comparative study will address issues such as the enforcement of Unilateral Arbitration contracts, legislation on arbitration such as amendments, arbitrability of disputes non-arbitrable issues and significant legal decisions impacting the law. Additionally, it will evaluate the efficiency of the Model Law that gives guidance to nations that are establishing their own arbitration laws. This research will seek to provide an insight into arbitration laws in these countries.In addition, the study investigates how international arbitrations are governed by looking at how local laws correlate with agreements and best practices. It also investigates issues concerning arbitrability in areas and recent trends, in those regions. Through the analysis of these factors, the study seeks to unveil commonalities, differences and emerging patterns, in arbitration rules, among countries. The overarching goal of this study is to provide an insight into the arbitration laws, in these regions evaluate the pros and cons of each country’s system and share perspectives for policymakers, businesspeople, specialists and those who deal in trade and conflict resolution. The study aims to serve as a guide for all those who are involved in resolving conflicts using arbitration providing a template, for designing arbitration frameworks in different regions.Keywords: Arbitration, Disputes ,Jurisdiction,Awards, Separability, Judicial Intervention.

EVOLVING LAW WITH REGARD TO AMENDMENT OF THE CONSTITUTION, AS ENSHRINED IN ARTICLE 368 OF THE CONSTITUTION OF INDIA

AUTHOR – AKSHAT SINHA, STUDENT AT AMITY LAW SCHOOL, NOIDA

BEST CITATION – AKSHAT SINHA, EVOLVING LAW WITH REGARD TO AMENDMENT OF THE CONSTITUTION, AS ENSHRINED IN ARTICLE 368 OF THE CONSTITUTION OF INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 01-06, APIS – 3920 – 0001 & ISSN – 2583-2344.

This study takes a fresh look at Article 368 of the Constitution of India, focusing on how its meaning has shifted over time. Judges’ rulings and lawmakers’ moves have, in most cases, wedded together in ways that both expand and tighten its reach—sometimes one, sometimes the other. A closer look at old court decisions, legislative records, and even academic critiques is needed to put together the messy, ever-changing picture of how constitutional amendments are handled in India.