ISSUE 2 - DECEMBER 26/2023 - 2024
Whether Pre-Nuptial agreement is good or bad
AUTHOR’S NAME – Snehil Singh, B.A. L.L.B (Hons.), Fourth Year.
INSTITUTION NAME- Babu Banarasi Das University.
A woman who really loves her man will not mind a prenuptial agreement.
Dr. HOSEA M. MOGANO
ABSTRACT:
Before we go into details with this topic we first have to understand what actually is nuptial agreement, this is basically a type of agreement in which the party or two people basically a male-female or male-male or female-female enter into the contract to get the basic rights which they will get after once they are married to the other person like- right to property of another party, financial and monetary benefits, partnership in business (if any is there),.1 This is not very common still in India as we are a developing nation, in India marriage is considered as a holy ritual conducted between a male and female it is not a contract. In many countries, prenuptial agreement is also known as ‘prenup’ and it is very rarely known all over the country. In the western country, the marriage between the two people is considered as a contract and all
is followed like one. As it is not very well known in our country having good knowledge about everything is good so that it can be used in a good way by that person.
( Volume 2 Issue 2 – 2024 )( Publication Date 04/FEB/ 2024 )
( Download Full PDF )
Exploring the Nexus of Human trafficking and illegal immigration: A multifaceted analysis.
AUTHOR’S NAME – Dr. Samiksha Godara.
AFFILIATION – Assistant Professor, Central University of Haryana
CO-AUTHOR NAME – Ms. Sakshi, Ph.D Scholar
INSTITUTION NAME – Central University of Haryana
ABSTRACT:
This abstract provides a concise overview of the intricate relationship between human trafficking and illegal immigration, shedding light on the multifaceted dimensions that intertwine these two pressing global issues. As the world grapples with the challenges posed by mass migrations and the illicit movement of individuals across borders, understanding the nexus between human trafficking and illegal immigration becomes imperative. The study delves into the underlying factors driving individuals to embark on perilous journeys in search of a better life, often falling victim to human traffickers who exploit their vulnerabilities. Economic disparities, political instability, and socio-cultural factors contribute to the complex web that facilitates the entrapment of migrants in exploitative situations.
( Volume 2 Issue 2 – 2024 )( Publication Date 06/FEB/ 2024 )
( Download Full PDF )
A Comparative Study of Occupational Safety Laws in Indian Coal Mines
AUTHOR’S NAME – Manshi Priyadarshini Biswal, BBA LLB, Third Year
INSTITUTION NAME – School of Law, XIM University, Odisha.
ABSTRACT:
The coal industry in India is well-known for posing significant risks and negative impacts. Not only is coal used for electricity generation, but it also serves as a crucial raw material in various industries. Unlike the nuclear and oil sectors, coal mines in India have larger workforces, but the dangers associated with mining have profound effects on the well-being of “the workforce”. The “mining sector is highly integrated”, with the mine’s own workforce handling “all underground engineering work, including installation and maintenance. Hazards such as firedamp and coal-dust explosions, flooding, fire, and unexpected CO2 or CH4 outbursts” have been persistent in the mining industry, posing serious threats to the lives and health of coal miners. Consequently, there is a concerted effort “to study the occupational health and safety factors of Indian coal miners”.1 The article delves into how mineworkers navigate workplace hazards and express their ideas of safety. Mineworkers have developed a mining sense, enabling them to survive challenging working conditions and strive to improve accidentcontrol mechanisms.
( Volume 2 Issue 2 – 2024 )( Publication Date 06/FEB/ 2024 )
( Download Full PDF )
The Function of TRIPS in Promoting Economic Growth and Innovation.
AUTHOR’S NAME – Sakshi, LLM.
INSTITUTION NAME – Chandigarh University, Gharaun, Mohali.
CO-AUTHOR NAME – Dr. Ranjana Sharma.
AFFILIATION: Associate professor, Chandigarh University, Gharaun, Mohali.
ABSTRACT:
This research paper digs into how the Trade-Related Aspects of Intellectual Property Rights (TRIPS) help the world’s economies grow and new ideas spread. It talks about how intellectual property rights (IPRs) have changed over time and how TRIPS has helped make a standard global framework for protecting them. The paper looks at case studies, theoretical models, and real-world evidence to figure out how TRIPS affects new ideas, economic growth, and the sharing of technology. It also talks about problems, complaints, and ways to enforce the law, which can help you see where improvements could be made. Keywords: – TRIPS, Intellectual Property Rights, Economic Growth, Innovation TRIPS
( Volume 2 Issue 2 – 2024 )( Publication Date 24/FEB/ 2024 )
( Download Full PDF )
Travails of Employees Recruited by LIC on Contractual Basis-Securing the fruits of justice.
AUTHOR’S NAME – V.Satya Venkatarao.
AFFILIATION – Advocate, Courts of Vizianagaram and Visakhapatnam (Andhra Pradesh).
A CASE STUDY OF THE APPOINTMENTS MADE BY LIC TO CLASS III AND CLASS IV POSTS – UNEXPECTED LEGAL CONSEQUENCES, CHALLENGES AND RESULTANT LITIGATION:
ABSTRACT:
This paper is an attempt to study the issue of appointment of employees on a contractual basis, later their termination, claims for absorption and the consequent litigation that has emanated therefrom The Litigation as is familiar in the Indian context has moved through several phases, Legal fora at times with expected consequences and at times with unanticipated consequences The genesis of the present situation faced by the Behemoth Life Insurance Corporation of India and the aspirants who secured a Supreme Court judgment in their favor can be traced to the period of the Early 1980s and late 1990s when LIC made appointments on a contractual basis for a limited number of days to Class III and Class IV Posts and thereafter terminated them in accordance with the contractual provisions governing their appointment. The issues basically revolve around the employment rights of Class III and Class IV employees appointed for a shorter duration. The present status of the Litigation along with a few lessons that can be learned for the future are made.
( Volume 2 Issue 2 – 2024 )( Publication Date 24/FEB/ 2024 )
( Download Full PDF )
Trade and Environment
AUTHOR’S NAME – Khushi Nagrath, BBA LLB, Third Year.
INSTITUTION NAME – Vivekananda Institute of Professional Studies, GGSIP University, New Delhi.
ABSTRACT:
This article delves into the critical intersection of trade and the environment, shedding light on the factors that have shaped the relationship between economic activities, international trade, and environmental sustainability in the Indian context. Recognizing the pivotal role of this nexus, the article emphasizes why comprehending and effectively managing the trade environment relationship in India is indispensable for achieving sustainable development goals and fostering a resilient economy. A key component of this exploration is a comparative analysis that extends beyond national borders, encompassing environmental policies, trade agreements, and sustainability initiatives on an international scale. This broader perspective contributes to a nuanced understanding of best practices, challenges, and potential synergies in the global context. Furthermore, the article scrutinizes how the trade-environment nexus manifests within India’s diverse economic activities, spanning agriculture, manufacturing, and services. By discerning the specific challenges and opportunities posed by India’s economic structure, it seeks to provide insights that are tailored to the unique circumstances of the country.
( Volume 2 Issue 2 – 2024 )( Publication Date 26/FEB/ 2024 )
( Download Full PDF )
Sustainability And Tribal Welfare
AUTHOR’S NAME – Buchupalle Keerthana, B.A.LL.B, Second Year.
INSTITUTION NAME – Universal School of Law, Bangalore, Karnataka.
ABSTRACT:
Tribal communities are the indigenous people who live in forest hills and naturally isolated regions in several tribal belts. The population of tribal communities scheduled in the Constitution of India and known as Scheduled Tribes (STs) was 8.43 crore as per the 2001 census and accounts for 8.2% of the total population. 4.26 crores are men and 4.17 crores are women, accounting for 8.01% and 8.40% respectively. Tribal communities are capable of contributing to the creation of a sustainable business ecosystem. Adivasi or scheduled tribes (STs), are among the poorest, most vulnerable, and most marginalized groups of the nation due to factors like geographical and cultural isolation, low levels of literacy, primitive occupations, and extreme levels of poverty. Most of the 60% of tribal infants died due to high malnutrition, unavailability of nutritious food, unemployment, the spread of starvation, etc.
( Volume 2 Issue 2 – 2024 )( Publication Date 10/MAR/ 2024 )
( Download Full PDF )
Analysis of article 32 of the constitution of India: Right to Constitutional Remedies.
AUTHOR’S NAME – Buchupalle Keerthana, B.A.LL.B, Second Year.
INSTITUTION NAME – Universal School of Law, Bangalore, Karnataka.
ABSTRACT:
The right to constitutional remedies, enshrined in Article 32 of the Constitution of India, is a fundamental right that guarantees the right to move the courts for the enforcement of other fundamental rights. It provides for the right to move the Supreme Court for the enforcement of fundamental rights and has its roots in the Magna Carta and the English Bill of Rights. The right to constitutional remedies has played a crucial role in the protection and enforcement of fundamental rights in India since the adoption of the Constitution in 1950. This includes the right to equality, the right to freedom, the right to life and personal liberty, and the right to cultural and educational rights, among others. The Supreme Court has the power to issue writs in the nature of habeas corpus, mandamus, prohibition, quo warranto, and certiorari to enforce these rights. The right to constitutional remedies is a crucial aspect of the Indian Constitution, as it provides a mechanism for individuals to seek redress for violations of their fundamental rights.
( Volume 2 Issue 2 – 2024 )( Publication Date 10/MAR/ 2024 )
( Download Full PDF )
Unraveling the complexities of Dam Controversies in India: A Comprehensive Examination.
AUTHOR’S NAME – Khushi Nagrath, BBA.LL.B, Third Year.
INSTITUTION NAME – Vivekananda Institute of Professional Studies, Delhi.
ABSTRACT:
A dam is a constructed barrier built across a river or stream to retain and control water. Over the course of history, diverse materials have been employed in dam construction. In ancient times, dam builders relied on natural resources such as rocks and clay, while contemporary dam construction predominantly utilized concrete. India, with a remarkable 4,407 large dams, holds the third position globally in terms of dam numbers, trailing behind China with 23,841 dams and the USA with 9,263. Among India’s dams, the Tehri Dam in Uttarakhand, located on the Bhagirathi River, stands out as the country’s tallest dam. In Odisha, the Hirakud Dam, situated on the Mahanadi River, claims the title of India’s longest dam. Meanwhile, the Kallanai Dam in Tamil Nadu, constructed on the Kaveri River, earns the distinction of being India’s oldest dam,
( Volume 2 Issue 2 – 2024 )( Publication Date 12/MAR/ 2024 )
( Download Full PDF )
Guardians of the Digital Vault: A Comprehensive Examination of Financial Cybercrime Legislation and Enforcement Strategies. AUTHOR’S NAME – Prerana Ghosh, BA.LL.B, Fourth Year.
INSTITUTION NAME – Chandigarh University.
CO-AUTHOR NAME – Palak Kapoor, BA.LL.B, Fourth Year.
INSTITUTION NAME – Chandigarh University.
ABSTRACT:
The evolution of technology has brought unprecedented opportunities and challenges, with financial cybercrime emerging as a critical issue globally. India has witnessed a paradigm shift in its legal landscape to combat cyber threats. The legislative framework governing cybercrimes, including financial cybercrimes, has evolved over the years. The Information Technology Act of 2000, and subsequent amendments serve as the cornerstone, defining offenses, penalties, and jurisdictional aspects related to financial cybercrimes. IT Act 2000 covers several offenses like impersonation and identity theft, material misrepresentation, publication for fraudulent purposes, vishing, cyberbullying, Phishing, credit card fraud or debit card fraud, etc. Enforcement mechanisms play a pivotal role in combating financial cybercrime. The collaboration between various agencies, such as the Cyber-crime Cells and the National Cyber-crime Reporting Portal, is examined considering their efforts to investigate and prosecute cybercriminals.
( Volume 2 Issue 2 – 2024 )( Publication Date 13/MAR/ 2024 )
( Download Full PDF )
ARBITRABILITY OF DISPUTES UNDER INSOLVENCY LAW: INSPIRATION THAT INDIA CAN DRAW FROM FOREIGN JURISDICTIONS
AUTHOR’S NAME – Animesh Nagvanshi, BA.LLB (Hons), Fourth Year.
INSTITUTION NAME – The ICFAI University, Dehradun.
ABSTRACT:
Despite their obvious opposition, insolvency, and arbitration may overlap in some special circumstances to the point where legislation must be changed or, in the lack of legislation, judicial reflection is necessary. After the IBC 20161 was introduced, insolvency regulation in India underwent a paradigm change. The Code has been a powerful tool in shaping these processes into well-organized, time-bound proceedings, and its provisions have superseded all other laws, as stipulated in Section 2382 . Our goal, in this case, is to first recognize that the CIRP as it is outlined in the Code—a widely publicized process that is sometimes burdensome in its technicalities—might not always be the best course of action or yield the most suitable result. Second, in the tried-and-true halls of arbitration, the concept of party autonomy may be added to CIRP. So, the idea is to provide a synergistic framework that combines the best features of both regimes
( Volume 2 Issue 2 – 2024 )( Publication Date 14/MAR/ 2024 )
( Download Full PDF )
ROLE OF SURETY IN A CONTRACT OF GUARANTEE
AUTHOR’S NAME – Mattewada Shrenika, BALLB(Hons.), Second Year.
INSTITUTION NAME – Mahindra University, School of Law Bahadurpally, Jeedimetla, Hyderabad
RESEARCH PROPOSAL:
INTRODUCTION:
A person who serves as a third-party security for a contract between a creditor and the principal debtor is referred to as a surety. The person who supplies the principal debtor with goods or services under the surety’s guarantee is known as the creditor. If the principal debtor defaults, the creditor will be responsible for making the payment or performing the obligation. The surety has the right to get the Principal Debtor to reimburse all of the expenses incurred. This is called a Contract of Guarantee, and sections 126 through 147 of the Indian Contract Act define it. It is described as “a promise to pay up debts, defaults, or miscarriages of others” in English law.1 A guarantee contract is conditional in nature, dependent on the principal debtor’s performance or non-performance, as it only arises upon the principal debtor’s default. Collateralization is the process of taking on debt to obtain a loan, credit for commodities, or employment.
( Volume 2 Issue 2 – 2024 )( Publication Date 14/MAR/ 2024 )
( Download Full PDF )
EMERGING PERSPECTIVES ON CONSTITUTIONAL INTERPRETATION
AUTHOR’S NAME – Mattewada Shrenika, BALLB(Hons.), Second Year.
INSTITUTION NAME – Mahindra University, School of Law Bahadurpally, Jeedimetla, Hyderabad.
ABSTRACT:
India’s written constitution is a type of law with many common rules of interpretation. While reading the clauses contained in the Constitution, the Supreme Court concentrated on the straightforward sense of the words. The Constitution must be read liberally and broadly to ensure that no legislation violates the basic tenets of the Constitution. In seventy years of constitutional interpretation, the Supreme Court has taken a step back from political repercussions.
( Volume 2 Issue 2 – 2024 )( Publication Date 16/MAR/ 2024 )
( Download Full PDF )
Equitable Remedies in Patent Law: Exploring Specific Relief and Injunctions
AUTHOR’S NAME – Prerana Ghosh, BA.LL.B, Fourth Year.
INSTITUTION NAME – Chandigarh University.
ABSTRACT:
In India’s patent system, inventors rely on equitable remedies, like injunctions and specific relief, to safeguard their exclusive rights. These remedies offer distinct advantages compared to monetary damages, focusing on preventing future harm and ensuring full enjoyment of patent monopolies. This exploration delves into the historical underpinnings and core principles of equitable relief in patent law, including concepts like irreparable harm and the balance of equities. It then compares equitable remedies with legal remedies, highlighting the unique strengths of injunctions in stopping ongoing infringement and specific relief in addressing situations where damages or injunctions fall short
( Volume 2 Issue 2 – 2024 )( Publication Date 16/MAR/ 2024 )
( Download Full PDF )
Gender Stereotype and its Impact on Judiciary
AUTHOR’S NAME – Nyna Benjamin, BA.LLB.
INSTITUTION NAME – Ramaiah Institute Of Legal Studies, Karnataka.
ABSTRACT:
Gender stereotypes, pervasive and deeply ingrained in societal constructs, continue to exert a significant influence on various aspects of human life, including the judiciary. This abstract explores the impact of gender stereotypes on legal systems, focusing on their implications for judicial decision-making and outcomes. Drawing on case studies and legal precedents, it examines how stereotypes shape perceptions, behaviours, and legal interpretations within the courtroom.
( Volume 2 Issue 2 – 2024 )( Publication Date 20/MAR/ 2024 )
( Download Full PDF )
Refugee law in India
AUTHOR’S NAME – Nyna Benjamin, BA.LLB.
INSTITUTION NAME – Ramaiah Institute of Legal Studies, Karnataka.
ABSTRACT:
India, situated amidst countries plagued by civil wars, terrorism, and ethnic suppression, has witnessed significant refugee movements. While not a signatory to the 1951 Refugee Convention, India has adopted various international human rights treaties that impose legal implications for aiding refugees. This paper explores the difference between asylum seekers and refugees, the principle of non-refoulement, and the role of the United Nations High Commissioner for Refugees (UNHCR) globally and in India. It discusses India’s historical context with refugees, legal frameworks, and challenges faced by refugees within the country. Despite constitutional provisions, India lacks a comprehensive domestic law for refugees, leading to ad hoc asylum management.
( Volume 2 Issue 2 – 2024 )( Publication Date 20/MAR/ 2024 )
( Download Full PDF )