Category: Volume 5 and Issue 5 of 2025

GLOBAL REGULATORY COMPLIANCE FOR CROSS-BORDER M&A

AUTHOR – AKSHITA MAKIN, STUDENT AMITY UNIVERSITY, NOIDA

BEST CITATION – AKSHITA MAKIN, GLOBAL REGULATORY COMPLIANCE FOR CROSS-BORDER M&A, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 106-114, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT:,

Cross-border mergers and acquisitions (M&A) have emerged as pivotal strategies in global economic integration, yet they are fraught with complex legal, regulatory, and compliance challenges. This study critically explores the evolving framework of international legal instruments, domestic regulations, and bilateral as well as multilateral treaties that govern such transactions. It emphasizes how entities like the WTO, OECD, and UNCITRAL contribute to harmonizing international standards, thereby facilitating a successful cross-border deals. Comparative analyses of the jurisdictions including the United States, European Union, India, and China reveal diverse regulatory landscapes influenced by competition laws, foreign investment policies, and national security considerations. Furthermore, the research delves into the impact of international investment agreements, double taxation treaties, and regional trade alliances in structuring M&A strategies. By examining sector-specific regulatory bodies and emerging compliance concerns such as data protection and anti-corruption mandates, the dissertation underlines the multidimensional nature of legal due diligence in international M&A. The research concludes that successful cross-border M&A hinges on strategic navigation of legal systems, regulatory compliance, and adaptive governance, calculating the need for regulatory and ethical corporate conduct in an interconnected globalised world.

Keywords:
Cross-Border Mergers and Acquisitions (M&A), Regulatory Compliance, International Legal Instruments, WTO, OECD Guidelines, UNCITRAL, Bilateral Investment Treaties (BITs), Double Taxation Avoidance Agreements (DTAAs), Competition Law, Foreign Investment, Data Protection, Anti-Corruption Laws, International Trade Agreements, Legal Due Diligence, Regulatory Authorities, Global Economic Integration.

LEGAL FRAME WORK PROTECTING WOMEN

AUTHOR – PARTH SRIVASTAVA, STUDENT AT UNITEDWORLD SCHOOL OF LAW, KARNAVATI UNIVERSITY. E-MAIL- SRIVASTAVAPARTH97@GMAIL.COM

BEST CITATION – PARTH SRIVASTAVA, VIJENDRA ARUMUGAM S & DR. SAJI SIVAN S, LEGAL FRAME WORK PROTECTING WOMEN, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 89-105, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This paper  presents an in-depth analysis of the legal framework protecting women’s rights in India, with a focus on domestic violence, sexual harassment, dowry-related abuse, and systemic challenges in the enforcement of legal protections. Drawing upon statutory developments, landmark judicial decisions, and scholarly commentary, the study examines how historical, cultural, and socio-legal factors have influenced the evolution of women’s rights. Key legislations such as the Protection of Women from Domestic Violence Act, 2005, and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, are evaluated in the context of their implementation, accessibility, and real-world efficacy. The research also explores contemporary challenges including underreporting of crimes, societal stigma, and infrastructural deficits. the study underscores the role of judicial activism in expanding protections for women. The methodology is doctrinal, supported by critical review of primary and secondary sources. The objective is not only to assess the current legal protections but also to recommend reforms aimed at closing the gap between legal entitlement and practical enforcement. This work contributes to the ongoing discourse on gender justice and legal empowerment in India.

Key words: Women right , Domestic violence, sexual offences, dowry, sexual harassment

RTI AND PUBLIC INTEREST LITIGATION (PIL)

AUTHORS – GIRISH C B*, VIJENDRA ARUMUGAM S* & DR. SAJI SIVAN S**

* STUDENTS VITSOL, CHENNAI

** ASSOCIATE PROFESSOR, VITSOL, CHENNAI

BEST CITATION – GIRISH C B, VIJENDRA ARUMUGAM S & DR. SAJI SIVAN S, RTI AND PUBLIC INTEREST LITIGATION (PIL), INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 76-88, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT:

The Right to Information (RTI) Act, 2005, and Public Interest Litigation (PIL) have become powerful instruments within India’s legal and democratic landscape for promoting transparency, accountability, and judicial activism. The following research paper examines the relationship between RTI applications and PILs, and RTI disclosures serve as first-order evidence in public litigations. The paper also analyses landmark case laws, where PILs, supported by RTI, have resulted in meaningful changes in constitutional law and public policy.

RTI has endeavoured to put power into the hands of citizens to demonstrate corruption, environmental degradation, and electoral wrongdoing, but ineffective legal and bureaucratic mechanisms impede practical use of RTI. The RTI Act’s provisions under Section 8 and continual denial of information, slow responses, and intimidation of RTI advocates all inhibit the use of First Evidence through RTI in litigation. The paper reviews the judiciary’s response to the challenges outlined above and cites the case of CBI v. CIC (2019) and precedent, principles of transparency, and limits of privacy, among others.

Finally, to bolster the RTI-PIL intersection, the authors suggest reforming the RTI Act with whistleblower protection, digitizing the RTI request processes, and creating accelerated processing of PILs. In conclusion, while RTI-PILs enhance accountability in a democracy, ongoing legal reforms are needed in the institutions that serve to further RTI as First Order Evidence, since it cannot be assumed that the right to information will lead to judicial loss or gain.

“BIG DATA SURVEILLANCE AND ITS IMPACT ON FUNDAMENTAL RIGHTS UNDER THE INDIAN CONSTITUTION”

AUTHOR – SHREYANSHI* & DR. JYOTSNA SINGH**

* LL.M (CONSTITUTIONAL LAW) SCHOLAR AT AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

** ASSISTANT PROFESSOR AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

BEST CITATION – SHREYANSHI & DR. JYOTSNA SINGH, “BIG DATA SURVEILLANCE AND ITS IMPACT ON FUNDAMENTAL RIGHTS UNDER THE INDIAN CONSTITUTION”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 66-75, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The exponential growth of Big Data technologies has significantly reshaped the landscape of personal data management. In India, the widespread use of Big Data surveillance systems by both state agencies and private corporations has raised complex constitutional questions regarding the protection of fundamental rights guaranteed by the Indian Constitution. This paper examines the constitutional implications of Big Data surveillance, particularly with respect to the Right to Privacy under Article 21, Freedom of Speech and Expression under Article 19(1)(a), and protection from arbitrary state action under Article 14.

The use of surveillance tools such as biometric identification systems (e.g., Aadhaar), facial recognition technologies, and real-time monitoring mechanisms raise concerns regarding privacy violations, freedom of expression, and state overreach. The Right to Privacy, as established by the Supreme Court of India in Justice K.S. Puttaswamy v. Union of India, and Article 19 on free speech, are often at odds with the increasing intrusion of digital surveillance technologies. The paper critically assesses the impact of Big Data on these fundamental rights, emphasizing the need for stronger legal safeguards and democratic oversight.

In addition to examining legal gaps, the paper highlights the absence of comprehensive data protection laws and transparent regulations for surveillance programs. Given the absence of a unified data protection framework in India, this study advocates for the establishment of institutional mechanisms that balance the goals of national security with the protection of individual freedoms. The paper concludes by calling for an urgent legal reform to address the challenges posed by Big Data and proposes a framework that respects constitutional rights while enabling responsible digital governance.

Keywords: Big Data, Surveillance, Privacy, Fundamental Rights, Indian Constitution, Freedom of Expression, State Accountability, Legal Safeguards, Data Protection, Democratic Oversight.

CORPORATE INSOLVENCY AND RESTRUCTURING: CHALLENGES AND OPPORTUNITIES POST IBC 2016

AUTHOR – RISHABH ATUL LALITA SHARMA, STUDENT AT KARNAVATI UNIVERSITY

BEST CITATION – RISHABH ATUL LALITA SHARMA, CORPORATE INSOLVENCY AND RESTRUCTURING: CHALLENGES AND OPPORTUNITIES POST IBC 2016, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 53-65, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This research analyzes the development of Indian corporate insolvency and restructuring law with an emphasis on the role of transformation played by the Insolvency and Bankruptcy Code, 2016 (IBC). Before the IBC, Indian insolvency law was regulated by a series of piecemeal legislations including the Companies Act, 1956 & 2013, Sick Industrial Companies Act, 1985 (SICA), RDDBFI Act, 1993, and SARFAESI Act, 2002. These overlapping pieces of legislation resulted in jurisdictional disputes, delayed insolvency resolution timelines, low recovery rates for creditors, and a debtor-centric system that resulted in piling up of non-performing assets (NPAs) in the banking system.The IBC Act made a paradigm shift by bringing harmonization of insolvency law into a single, creditor-oriented, and time-bound resolution mechanism. Some of the key elements of the IBC are the Corporate Insolvency Resolution Process (CIRP), the National Company Law Tribunal (NCLT) as the adjudicating authority, the Insolvency Professionals (IPs) concept, and the introduction of a hierarchical debt repayment system under Section 53. The Code also takes international best practices in insolvency, such as the US Chapter 11 model, UK’s Enterprise Act, and the UNCITRAL Model Law on Cross-Border Insolvency. By reducing procedural complexities and increasing legal certainty, the IBC has significantly enhanced the speed of insolvency resolution in India. The study concludes that the IBC has filled gaps in the earlier regime, thereby facilitating ease of doing business and foreign investment. Challenges such as delay in taking effect and development of a robust cross-border insolvency regime are still on the agenda of future development and reform

ANALYSIS OF THE RERA’S IMPACT ON RESIDENTIAL AND COMMERICAL REAL ESTATE SECTORS

AUTHOR – CHAUDHARI SOHAM HARESHBHAI, FINAL YEAR STUDENT AT UNITEDWORLD SCHOOL OF LAW, KARNAVATI UNIVERSITY

BEST CITATION – CHAUDHARI SOHAM HARESHBHAI, ANALYSIS OF THE RERA’S IMPACT ON RESIDENTIAL AND COMMERICAL REAL ESTATE SECTORS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 47-52, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Real Estate (Regulation and Development) Act (RERA), enacted in 2016, was a transformative step in India’s real estate sector, introducing transparency, accountability, and efficiency. Prior to its implementation, homebuyers often faced issues such as project delays, undisclosed alterations, and financial mismanagement by developers. RERA has established stringent regulations mandating the disclosure of essential project details, including layout plans, financial approvals, and completion timelines. The Act ensures that developers adhere to project schedules and imposes penalties for non-compliance, thereby mitigating delays and enhancing buyer confidence.

Additionally, amendments to the Benami Transactions Act have further strengthened the fight against fraudulent property transactions by imposing stricter enforcement measures. Key updates in 2024 have reinforced the requirement for obtaining buyer consent for major project modifications, clarifying shared amenities, and ensuring transparency in financial dealings. The implementation of RERA has led to structured grievance redressal mechanisms, providing homebuyers with an efficient dispute resolution system.

The impact of RERA on the Indian real estate sector has been profound. It has bolstered consumer protection, attracted both domestic and foreign investors, and fostered a regulatory framework that promotes sustainable real estate growth. The categorization of sales according to Jantri rates has further standardized pricing structures. While RERA has significantly improved real estate governance, challenges such as inconsistent implementation and lack of awareness persist. Addressing these concerns through improved enforcement, consumer education, and streamlined grievance procedures will further solidify RERA’s effectiveness in ensuring a fair and robust real estate sector.

SEXUAL OFFENCES AND THE CRIMINAL JUSTICE SYSTEM: FROM DETERRENCE/RETRIBUTION TO PREVENTION AND REFORMATION

AUTHOR – DIYA DALWADI* & MR. MANTHAN  SHARMA**

* STUDENT AT UNITEDWORLD SCHOOL OF LAW, KARNAVATI UNIVERSITY

** LECTURER, UNITEDWORLD SCHOOL OF LAW, KARNAVATI UNIVERSITY

BEST CITATION – DIYA DALWADI* & MR. MANTHAN  SHARMA, SEXUAL OFFENCES AND THE CRIMINAL JUSTICE SYSTEM: FROM DETERRENCE/RETRIBUTION TO PREVENTION AND REFORMATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 29-46, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This article explores the evolution of the criminal justice system’s approach to sexual offences, moving from a primary focus on retribution towards integrating prevention strategies. Sexual offences are complex issues with legal, social, and psychological dimensions, requiring multifaceted solutions that go beyond traditional punishment.

The study examines the historical shift in legal frameworks, influenced by feminist movements and international conventions, redefining sexual offences as violations of dignity and autonomy. It further analyzes the effectiveness of deterrence and retribution theories, contrasting them with rehabilitative approaches.

The analysis includes a case study on the use of castration as a deterrent, revealing its limited impact on reducing sexual offence rates. Ultimately, the article advocates for comprehensive strategies that combine punitive measures with rehabilitative programs and preventive initiatives to address the root causes of sexual violence and foster societal safety.

“CYBER CRIME AND INVESTIGATION IN INDIA: ROLE OF LAW ENFORCEMENT AND CHALLENGES FACED”

AUTHORS – MIHIR GUPTA* & DR. RAJEEV KUMAR SINGH**

* LL.M (CRIMINAL LAW) SCHOLAR AT AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

** ASSISTANT PROFESSOR AT AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

BEST CITATION – MIHIR GUPTA & DR. RAJEEV KUMAR SINGH, THE ROLE OF THE UNITED NATIONS SECURITY COUNCIL IN MAINTAINING GLOBAL PEACE AND SECURITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 17-28, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The swift growth of digital technologies and communication platforms in India has led to a dramatic surge in cyber crimes. Offences such as online financial fraud, phishing, cyber stalking, digital harassment, and even complex forms of cyber terrorism have made cyberspace increasingly vulnerable to criminal misuse. The inherently global and fluid nature of the internet presents serious obstacles for conventional legal and investigative systems.

This paper seeks to provide a comprehensive evaluation of the current cyber crime scenario in India. It focuses on the evolving trends in cyber offences and critically analyzes the legal mechanisms designed to counter them. Special attention is given to the functions and effectiveness of law enforcement bodies such as dedicated cyber units, forensic departments, and specialized investigative teams, evaluating their readiness, technical know-how, and challenges in managing cyber evidence and online criminal networks.

The research also brings to light major hurdles including jurisdictional complications, a lack of advanced training for law enforcement personnel, limited digital awareness among citizens, and weak international collaboration. Utilizing a doctrinal and analytical methodology, the paper assesses significant laws like the Information Technology Act, 2000, along with relevant sections of the Indian Penal Code, while also reflecting on new developments like the Digital Personal Data Protection Act, 2023.

Ultimately, the study suggests actionable reforms aimed at enhancing investigative efficiency, modernizing cyber policing infrastructure, and fostering better coordination—both nationally and globally—to build a resilient cyber security and crime prevention framework in India.

KEYWORD – Cyber Crime,Cyber Law in India,Information Technology Act, 2000,Law Enforcement, Cyber Investigation, Digital Forensics, Phishing and Online Fraud, Cyber Stalking and Harassment Data Protection Act, 2023, Jurisdictional Challenges, International Cooperation, Cyber Security, Infrastructure Digital Evidence ,Cyber Terrorism ,Cyber Crime Trends.

THE ROLE OF THE UNITED NATIONS SECURITY COUNCIL IN MAINTAINING GLOBAL PEACE AND SECURITY

AUTHORS – NISHTHA ANAND* & DR. AXITA SHRIVASTAVA**

* STUDENT AT AMITY UNIVERSITY, LUCKNOW

** ASSISTANT PROFESSOR AT AMITY UNIVERSITY, LUCKNOW

BEST CITATION – NISHTHA ANAND & DR. AXITA SHRIVASTAVA, THE ROLE OF THE UNITED NATIONS SECURITY COUNCIL IN MAINTAINING GLOBAL PEACE AND SECURITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 11-16, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Security Council is one of six bodies that make up the United Nations. The Security Council was assigned the responsibility of maintaining international peace and security by the United Nations Charter.

Using qualitative analysis, this dissertation looks at the context of the establishment of the United Nations and the Security Council, outlining the structure of the Security Council by examining its composition, theory, and practice.

There has always been debate around the theory of the Security Council and whether the drafters of the United Nations Charter intended the Council to be a system of collective security. Moreover, there have been new developments in the practice of the Security Council, like the use of new principles such as the Responsibility to Protect (R2P) in the drafting of the resolutions and the Protection of Civilians (PoC) as the main principle and task for the United Nations Peacekeeping Operations, which have seen an increase in importance as well as innovations for their implementation.^[1]

The dissertation discusses the critical resolutions and mechanisms of the Security Council, like sanctions, which are one of the most important mechanisms to coerce states to comply with the resolutions against threats to international peace and security. As well as the theory of global governance and its developments, its relation to the Security Council, and the role of the Security Council in the issues of disarmament and nuclear proliferation.

The dissertation also qualitatively examines three case studies, which are the most recent examples of wars in the twenty-first century and they are Iraq, Syria, and Ukraine, and how the Security Council addressed those conflicts.

The reform of the Security Council is a long-discussed topic with many calls and proposals. There are no doubt implications, whether the Council is reformed or remains in the same structure. Currently, calls for reform and restructuring are at an all-time high as the world sees major developments.

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[1] S.G. Hauck, R. Kunz & M. Milas, Public International Law (2024), https://doi.org/10.4324/9781003451327

A COMPARATIVE ANALYSIS OF PREGNANCY TERMINATION AND SURROGACY LAWS IN INDIA AND U.S.A.

AUTHORS: – SHRISTY PAYAL & AMBAR SRIVASTAVA

STUDENTS AT LAW COLLEGE DEHRADUN, FACULTY OF UTTARANCHAL UNIVERSITY.

BEST CITATION – SHRISTY PAYAL & AMBAR SRIVASTAVA, A COMPARATIVE ANALYSIS OF PREGNANCY TERMINATION AND SURROGACY LAWS IN INDIA AND U.S.A., INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 01-10, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

“The purpose of this research study is to give a complete comparative examination of the legislative frameworks that regulate surrogacy and pregnancy termination in India and the United States of America. Both countries have diverse legal, cultural, and economical settings, which have contributed to the formation of their respective approaches to reproductive rights and technology. The purpose of this research is to investigate the historical history, present legal frameworks, judicial interpretations, and continuing disputes that are associated with surrogacy and abortion in both nations. A number of important differences in regulatory techniques are shown by the study. These differences are a reflection of the various constitutional systems, cultural values, and policy agendas. In recent years, India has made progress towards a regulatory framework that is more centralised and restrictive for both abortion and surrogacy. On the other hand, the United States of America exhibits significant state-level variation as a result of the overturning of Roe v. Wade and continues to maintain a commercial surrogacy market that is largely unregulated. The purpose of this comparative analysis is to shed insight on the ways in which reproductive laws in both countries continue to develop in response to the progression of technology, shifting societal views, and competing interests of various stakeholders. A set of ideas for legislative reforms that strike a compromise between reproductive autonomy and the required protections against exploitation and commodification are presented in the last section of the article.”

Keywords: Reproductive rights, abortion laws, surrogacy regulation, comparative legal analysis, medical tourism, bioethics