Category: Volume 5 and Issue 13 of 2025

ALTERNATIVE DISPUTE RESOLUTION (ADR) IN INDIA: A MODERN PATH TO JUSTICE

AUTHOR – ANURAG SHEORAN, STUDENT AT GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY

BEST CITATION – ANURAG SHEORAN, ALTERNATIVE DISPUTE RESOLUTION (ADR) IN INDIA: A MODERN PATH TO JUSTICE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 747-750, APIS – 3920 – 0001 & ISSN – 2583-2344

INTRODUCTION

Justice delayed is justice denied — this timeless saying captures one of the most persistent challenges faced by the Indian legal system. With more than 4.5 crore cases pending across Indian courts, the need for an efficient, affordable, and speedy mechanism of dispute resolution has become more pressing than ever. In this context, Alternative Dispute Resolution (ADR) has emerged as a powerful tool to supplement traditional court litigation.

ADR refers to a range of techniques that enable disputing parties to resolve their conflicts outside formal courts. It includes arbitration, mediation, conciliation, negotiation, and Lok Adalats. The core philosophy of ADR lies in promoting amicable settlement, procedural flexibility, party autonomy, and confidentiality.

In this blog, we will explore the concept, evolution, legal framework, and importance of ADR in India, along with landmark judgments and challenges in its implementation.

PATENTABLE AND NON-PATENABLE SUBJECT MATTERS

AUTHOR – SEKAR V, LLM STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH (AUUP)

BEST CITATION – SEKAR V, PATENTABLE AND NON-PATENABLE SUBJECT MATTERS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 738-746, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Patent law constitutes a critical component of intellectual property systems, designed to stimulate innovation by conferring exclusive rights upon inventors for limited durations. However, patent protection operates within defined boundaries, making comprehension of eligibility criteria vital for inventors, attorneys, researchers, and policymakers. This study examines eligible and ineligible categories under patent law, analyzing legal frameworks, foundational principles, and modern challenges.

Patentable subject matter encompasses innovations qualifying for protection under governing legislation. Most jurisdictions require four fundamental criteria: eligibility as appropriate subject matter, novelty, non-obvious inventive step, and practical utility or industrial applicability. Notably, inventions satisfying novelty, inventiveness, and utility may still face rejection if positioned outside legally recognized eligible categories.

This research analyzes eligible domains including industrial processes, machines and apparatus, manufactured products and chemical compositions, technological improvements, computer-implemented inventions, and biotechnological innovations. Business methods previously enjoyed broad protection but now require demonstration of substantial technical contributions beyond abstract concepts.

Ineligible categories typically comprise abstract ideas, natural laws and phenomena, aesthetic designs, scientific discoveries, medical treatment methods, ethically problematic inventions, plant and animal varieties, and game rules. Exclusion rationales include preserving fundamental knowledge as public resources, ethical concerns regarding ownership, and recognition that alternative protections like copyright may better suit certain creations.

This research demonstrates that distinguishing eligible from ineligible subject matter represents fundamental policy choices balancing innovation incentives against public access to knowledge, competitive markets, and ethical concerns. Patent systems must adapt to technological advancement while maintaining consistency and considering broader implications for innovation policy, economic development, and social welfare

KEY WORDS – Patent eligibility, Patentable subject matter, Non-patentable inventions, Intellectual property law, Innovation protection, Statutory exclusions, Biotechnology patents, Emerging technology challenges

JUDICIAL REVIEW AND OVERREACH IN ECONOMIC POLICIES: A CONSTITUTIONAL AND COMPARATIVE STUDY

AUTHOR – DEEPAN SUNIL R, AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH (AUUP)

BEST CITATION – DEEPAN SUNIL R, JUDICIAL REVIEW AND OVERREACH IN ECONOMIC POLICIES: A CONSTITUTIONAL AND COMPARATIVE STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 728-737, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This research paper examines the complex interplay between judicial review and economic policymaker in India, with particular focus on judicial overreach. While judicial review serves as a critical constitutional safeguard against arbitrary state action, excessive judicial intervention in economic policies raises concerns about separation of powers, democratic accountability, and economic efficiency. Through analysis of landmark judgments including R.K. Garg v. Union of India, BALCO Employees Union v. Union of India, and recent cases on spectrum allocation, coal blocks, and the 2024 electoral bonds case, this paper evaluates the evolving role of Indian judiciary in economic governance. The study adopts a comparative approach, examining the American “rational basis test” alongside India’s more expansive constitutional jurisprudence. The research concludes that while judicial review remains essential to prevent arbitrariness and protect fundamental rights, courts must exercise restraint in substituting their judgment for democratically elected institutions on matters of economic policy.

FORENSIC LINGUISTIC ANALYSIS OF MISUSE OF PROTECTIVE LAWS THROUGH NARRATIVE MANIPULATION IN LEGAL COMPLAINTS

AUTHOR – HIMANSHU & MUKUL VERMA

LLM STUDENS AT FAIRFIELD COLLEGE OF MANAGEMENT AND TECHNOLOGY, AFFILIATED TO GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY(GGSIPU)

BEST CITATION – HIMANSHU & MUKUL VERMA, FORENSIC LINGUISTIC ANALYSIS OF MISUSE OF PROTECTIVE LAWS THROUGH NARRATIVE MANIPULATION IN LEGAL COMPLAINTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 726-727, APIS – 3920 – 0001 & ISSN – 2583-2344

Introduction

Protective laws are put in place to protect people from harassment, discrimination, domestic abuse, and other negative situations.  But in recent years, worries about the abuse of these laws through fabricated, inflated, or carefully crafted legal complaints have increased.  Such abuse damages real victims by undermining the legitimacy of safeguards, in addition to undermining the integrity of the legal system.  Forensic linguistics, the scientific study of language in legal contexts, is important in this regard.  In complaints that seem to be manipulated, it assists in identifying linguistic patterns, narrative inconsistencies, and signs of deceit.  This essay investigates how narrative manipulation using forensic linguistic analysis can reveal the abuse of protective laws.

EMPOWERING MARGINAL FARMERS: A CRITICAL ANALYSIS OF FARMER PRODUCER COMPANIES IN INDIA

AUTHOR – ASHIKA* & KARTHIHARAN Y**

* PG SCHOLARS AT LLM, DEPARTMENT OF LAW, CENTRAL UNIVERSITY OF TAMIL NADU, THIRUVARUR

BEST CITATION – ASHIKA & KARTHIHARAN Y, EMPOWERING MARGINAL FARMERS: A CRITICAL ANALYSIS OF FARMER PRODUCER COMPANIES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 722-725, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

In India, the Farmer Producer Company (FPCs) or Farmer Producer Organisations (FPOs) are the pillars for rural development. Farmer-Producer Companies are a hybrid legal entity, formed to empower the small and marginal farmers in India through collective action. Initially, FPCs are conceptualised under the Companies Act, 1956; later, it was emerged in the Companies Act, 2013. Government institutions like the National Bank for Agricultural and Rural Development (NABARD) and the Small Farmers Agricultural Consortium (SFAC) also provide certain initiatives for FPC development.

However, with strong institutional backing, the FPCs are facing crucial operational challenges, including poor financing, lack of awareness among farmers, inadequate infrastructure and marketing facilities, and governance issues. This article examines the FPC model, analyses the supporting legal and policy framework, details some of the specific challenges faced by FPC members, and concludes with targeted, suggestive measures for enhancing their empowerment and sustainability.

Key Words: Farmer-Producer Companies, Empowering Marginal Farmers, Challenges faced by Members

“SHAREHOLDER’S RIGHTS AND REMEDIES UNDER THE COMPANIES ACT, 2013”

AUTHOR – ANANYA SINGH, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, PATNA

BEST CITATION – ANANYA SINGH, “SHAREHOLDER’S RIGHTS AND REMEDIES UNDER THE COMPANIES ACT, 2013”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 711-721, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The Companies Act, 2013 represents a transformative milestone in the evolution of corporate governance in India, making a decisive departure from the comparatively managerial-centric framework under the Companies Act, 1956. Designed to enhance transparency, accountability, and shareholder empowerment, the 2013 Act introduces a more comprehensive, rights-based scheme for company members. Its legislative architecture explicitly recognizes shareholders not merely as contributors of capital but as indispensable stakeholders whose participation, scrutiny and oversight are central to the integrity of the corporate form. This expanded statutory consciousness is reflected in strengthened voting rights, enhanced access to information, increased participation in meetings and procedural innovations such as postal ballots, e-voting and electronic dissemination of documents. However, conflicts often arise between majority and minority shareholders, necessitating statutory safeguards and legal remedies. This study seeks to examine the scope and effectiveness of shareholders rights and remedies as provided under the Companies Act, 2013, with special reference to the protection of minority interests. Shareholders are not interested in their active interest in the work and management of the company.

In India, there are several remedies available for shareholders which protect their rights, these includes derivative action, fraudulent activities, false statement and documents, etc. protection and evaluation of shareholders is important in and necessary for creating fair, transparent and responsible corporate world. The research primarily aims to identify whether the rights granted to shareholders, such as voting rights, dividend rights, right to information, and participation in meetings are adequate and effectively enforced in practice. It further investigates whether the statutory remedies available under section: 241-246 (oppression and mismanagement) and section: 245 class action suits) provide sufficient protection against managerial abuse and corporate misconduct.

Keywords: Shareholders Rights, Minority Protection, Oppression and Mismanagement, Corporate governance.

FASHION LAW AND INTELLECTUAL PROPERTY RIGHTS: COPYRIGHTING DESIGNS, FAST FASHION ISSUES, AND PROTECTING LUXURY BRANDS

AUTHOR – AKSHAY MAHAVIRA, STUDENT AT AMITY LAW SCHOOL PATNA

BEST CITATION – AKSHAY MAHAVIRA, FASHION LAW AND INTELLECTUAL PROPERTY RIGHTS: COPYRIGHTING DESIGNS, FAST FASHION ISSUES, AND PROTECTING LUXURY BRANDS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 706-710, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Fashion, as an ever-evolving industry, stands at the intersection of art, culture, and commerce. The potency of its creativity is balanced by the vulnerability of its production  easily copied, rapidly commodified, and frequently globalized with minimal recognition for original creators. The absence of consistent legal protection leads to widespread imitation, counterfeiting, and market dilution, devaluing artistic innovation. This paper explores the connection between fashion and intellectual property rights (IPR), focusing on three principal aspects: the copyrighting of designs, the challenges arising from fast fashion, and the strategies for protecting luxury brands. It analyzes how copyright, design law, trademark protection, patents, and geographical indications collectively shape the legal landscape of fashion. The Indian context is studied beside global frameworks to demonstrate how IPR can promote ethical creativity, sustainable growth, and brand integrity in an increasingly digitalized marketplace.

EVOLUTION OF INTELLECTUAL PROPERTY RIGHTS: GLOBAL AND INDIAN PERSPECTIVES

AUTHOR – AHANA RAHMAN, STUDENT AT AMITY LAW SCHOOL

BEST CITATION – AHANA RAHMAN, EVOLUTION OF INTELLECTUAL PROPERTY RIGHTS: GLOBAL AND INDIAN PERSPECTIVES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 702-705, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

This paper traces the historical evolution of intellectual property rights (IPR) from early national statutes to the contemporary global framework, and examines how India’s IPR regime has evolved within that global context. It highlights key international treaties (Paris, Berne, WIPO treaties, TRIPS), landmark Indian legislation and amendments, important judicial developments (including compulsory licensing and patentability jurisprudence), and contemporary challenges arising from digital technologies, access to medicines, traditional knowledge, and genetic resources. The paper concludes with policy implications and suggestions for balancing innovation incentives with public interest in the 21st century.

TECHNOLOGICAL SINGULARITY AS CONCEPT AND PATTERN IN TECHNOLOGICAL SINGULARITY

AUTHOR – PARTH ATTRY, STUDENT AT UILS, CHANDIGARH UNIVERSITY

BEST CITATION – PARTH ATTRY, TECHNOLOGICAL SINGULARITY AS CONCEPT AND PATTERN IN TECHNOLOGICAL SINGULARITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 693-701, APIS – 3920 – 0001 & ISSN – 2583-2344

I. ABSTRACT

The concept of technological singularity, a projected future point where artificial intelligence surpasses human cognitive abilities, represents a profound inflexion point for human civilisation. This article examines the conceptual foundations underlying this transformative phenomenon, exploring its definitions, theoretical underpinnings, and associated existential risks. It critiques established paradigms in AI development, such as A. Azimov’s robotics laws and the Turing Test, proposing radical updates necessary for ensuring human safety in an era of self-improving intelligent machines. ^[1]. Furthermore, the article analyses the intricate patterns observed in AI’s rapid evolution and its diverse applications, from advanced cybersecurity measures and medical diagnostics to complex data management and human-AI collaboration dynamics. Through a systematic evaluation of current research, this analysis integrates multiple perspectives on the trajectory towards singularity, highlighting key findings, persistent challenges, and critical research gaps that necessitate a concerted, interdisciplinary approach to navigate our shared future responsibly  Ultimately, this study calls for a globally coordinated and ethically grounded strategy to navigate the challenges and potentials of a future increasingly defined by superintelligent entities, ensuring that the pursuit of technological advancement remains aligned with human survival and moral responsibility.^[2]

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[1] Grishin E, ‘Autonomous Virtual Agent as a Quasi-Personality’ (2018) https://doi.org/10.18254/s0000134-6-1

[2] Baklaga L, ‘The Role of AI in Shaping Our Future: Super-Exponential Growth, Galactic Civilization, and Doom’ (2024) https://doi.org/10.32996/jcsts.2024.6.4.14

COPYRIGHT PROTECTION IN THE DIGITAL AGE: ISSUES AND CHALLENGES

AUTHOR – YASH RAJ, STUDENT AT AMITY LAW SCHOOL

BEST CITATION – YASH RAJ, COPYRIGHT PROTECTION IN THE DIGITAL AGE: ISSUES AND CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 690-692, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The evolution of digital technology has transformed the way information, art, and media are created, distributed, and consumed. While digitalization has democratized content creation and accessibility, it has also posed significant challenges to copyright protection. The ease of duplication, online sharing, and global reach of digital platforms have blurred the lines between fair use and infringement. This paper explores the evolution of copyright laws, the impact of digital technologies on copyright protection, major global and Indian legal frameworks, and the emerging issues and challenges faced in the digital environment. It concludes with suggestions for strengthening copyright enforcement in the modern era.