ISSUE 2 - DECEMBER 26\2024 - MARCH 26/2025
Navigating Cross-Border Legal Complexity: Overcoming Obstacles to Recognition and Enforcement of Foreign Court Judgements
AUTHOR’S NAME – Sabitha Abdul Azeez, BSc, LLB, LLM, PGDEl, GDL.
AFFILIATION – Lecturer, KILAW.
Received on 9 January 2025, Accepted on 16 January 2025, Published on 23 January 2025
ABSTRACT:
The enforcement of foreign court judgments remains a significant challenge, with legal and business implications across borders. The current research investigates core difficulties in recognizing and enforcing foreign judgments stemming from divergent legal frameworks and jurisdictional conflicts. Through an analysis of case studies that apply different approaches, the study examines how these issues impact international trade, cooperation among judicial systems, and resolving cross-border disputes. The major findings indicate that variability in legal structures, procedural norms, and jurisdictional questions between nations compound the problems parties face enforcing judgments abroad. Complexity intensifies when disputes involve multiple jurisdictions or conflicting rulings, exacerbating uncertainty. The lack of consistent standards and processes creates tension for litigants and unease in the international legal order. To address these problems, the study proposes harmonizing recognition and enforcement regulations across signatory states.
( Volume 3 Issue 2 – 2025 )( Publication Date 22 /January/ 2025 )
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Trademarks- A Common man’s Confusion and Conflicts: From the Legal Perception of UK and EU rules and regulations
AUTHOR’S NAME – Sabitha Abdul Azeez, BSc, LLB, LLM, PGDEl, GDL.
INSTITUTION NAME – Lecturer, KILAW.
Received on 9 January 2025, Accepted on 16 January 2025, Published on 23 January 2025
ABSTRACT:
This study investigates the balance between protecting trademark owners’ rights and promoting free market competition, with a focus on judicial approaches within the UK and EU. Employing a qualitative, desk-based analysis, this research scrutinizes case studies, laws, and court rulings from the UK, EU, and selected international contexts. It explores the role of trademarks as essential tools for market transparency and how their similarities can lead to consumer confusion and legal conflicts. Notably, cases like Adidas/Marca, L’Oréal, and IKEA vs. Ikema illustrate the varied judicial responses, highlighting the challenges new entrepreneurs face when competing against established brands with robust financial resources and extensive marketing strategies. The findings reveal a judicial predisposition towards protecting financially powerful proprietors, often at the expense of stifling market competition and innovation.
( Volume 3 Issue 2 – 2025 )( Publication Date 22 /January/ 2025 )
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Expanding the Scope of Vicarious Liability: Contemporary Challenges and Legal Adaptations in Employer-Employee Dynamics
AUTHOR’S NAME – Sabitha Abdul Azeez, BSc, LLB, LLM, PGDEl, GDL.
AFFILIATION – Lecturer, KILAW.
Received on 9 January 2025, Accepted on 16 January 2025, Published on 23 January 2025
ABSTRACT:
Vicarious liability is a key principle in tort law that holds employers responsible for the wrongful actions of their employees when these actions occur within the scope of their employment. Although this doctrine has its roots in traditional common law, its modern-day use highlights intricate challenges involving victim compensation, fairness, equitable loss distribution, and the promotion of deterrence. This study critically examines the evolving nature of vicarious liability, focusing on its doctrinal challenges and practical implications in contemporary legal and societal contexts. The study explores the doctrine’s adaptability to emerging issues such as the gig economy, platform-based work, and digital misconduct. It highlights how judicial interpretations, including Uber BV v Aslam and Barclays Bank v Various Claimants, underscore the necessity of re-evaluating traditional employment boundaries to accommodate modern work structures.
( Volume 3 Issue 2 – 2025 )( Publication Date 23 /January/ 2025 )
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Exploring the Victimization of Children in Cyberspace: Risks, Impacts and Prevention Strategies
AUTHOR’S NAME – Naman Solanki, L.L.M. First Year.
INSTITUTION NAME – Chandigarh University, Punjab.
CO-AUTHOR’S NAME – Dr. Vinit Kumar Sharma, Ph.D.
AFFILIATION OF AUTHOR – Assistant Professor, Chandigarh University, Punjab.
Received on 31 January 2025, Accepted on 4 February 2025, Published on 11 February 2025.
ABSTRACT:
The internet has now become an indispensable part of the lives of children due to the multifaceted opportunities it brings for learning, communication, and playing. However, the expanding digital connectivity has also opened up critical threats including cyberbullying, sexual exploitation, and dangerous exposure to contents that may eventually lead to critical psychological, social, and developmental problems. The present paper explores the most dangerous threats children are exposed to in their use of the internet and delves deeper into the potential consequences[1] those dangers may have on the mental health of children, their social relationships, and their future growth[2].
[1] Patricia Núñez-Gómez, Kepa Paul Larrañaga, Celia Rangel, Félix Ortega-Mohedano, Critical Analysis of the Risks in the Use of the Internet and Social Networks in Childhood and Adolescence, PMC (Jan. 25, 2025, 8:00 P.M.), https://pmc.ncbi.nlm.nih.gov/articles/PMC8353145/.
[2] HHS, https://www.hhs.gov/surgeongeneral/reports-and-publications/youth-mental-health/social-media/index.html (last visited Jan. 25, 2025).
( Volume 3 Issue 2 – 2025 )( Publication Date 11 /February/ 2025 )
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CASE COMMENTARY ON IN RE: DIRECTIONS IN THE MATTER OF DEMOLITION OF STRUCTURES (BAN OF BULLDOZER JUSTICE)
AUTHOR’S NAME – Manju M Mamachan, LL.B, Second Year.
INSTITUTION NAME – KLE Law College, Bengaluru.
Received on 7 February 2025, Accepted on 9 February 2025, Published on 14 February 2025
ABSTRACT:
Every human being desires to have shelter above their head, a house or a shelter is the embodiment of an individual’s safety and security. Maya Angelou once expressed a profound sentiment in her book, stating that “The ache for home lives in all of us, the safe place where we can go as we are and not be questioned.”[1] This quote highlights the fundamental human need for security and belonging. However, a critical question arises in cases where authorities take drastic actions, such as demolishing homes, as a punitive measure against individuals accused of crimes. A similar idea was echoed by Lord Denning in the case of Southam v. Smout[2], where he famously remarked that even the poorest individual has the right to protect their home from intrusion.
[1] Maya Angelou, The ache for home lives in all of us, the safe place where we can go as we are and not be questioned, Fix quotes (Jan. 20, 2025, 8:00 P.M.), https://fixquotes.com/quotes/the-ache-for-home-lives-in-all-of-us-the-safe-26711.htm
[2] [1964] AIR 1 QB 308 (UK).
( Volume 3 Issue 2 – 2025 )( Publication Date 14 /February/ 2025 )
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SEAMLESS DATA FLOW: AN ANALYSIS OF PRIVACY CONCERNS AND NEED FOR DIGITAL PERSONAL DATA PROTECTION (DPDP) ACT,2023 IN INDIA
AUTHOR’S NAME – Manju M Mamachan, LL.B, Second Year.
INSTITUTION NAME – KLE Law College, Bengaluru.
Received on 7 February 2025, Accepted on 9 February 2025, Published on 14 February 2025
ABSTRACT:
With the rapid growth in the digital economy, the flow of data across borders has become an integral part of global connectivity and economic growth. India is on track to achieve an estimated digital GDP of $1 trillion by 2025, demonstrating its rapid rise as a digital leader. The Digital India program, which was launched in 2015 has revolutionized the country’s digital infrastructure. The flow of data has become so volatile that it raises concerns about privacy, security, and misuse as businesses and consumers alike look to take advantage of digitalization. This necessitates the adoption of a rigorous standard of review by referencing ideas of human dignity and democracy embedded within the conception of constitutional morality. This growing reliance on digital platforms necessitated a robust framework for data protection in India.
( Volume 3 Issue 2 – 2025 )( Publication Date 14 /February/ 2025 )
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ANGUISH BEHIND THE BARS: SEXUAL HARASSMENT TO WOMEN IN POLICE CUSTODY.
AUTHOR’S NAME – Subhra Dan, B.A.LL.B (Hons.), First Year.
INSTITUTION NAME – Adamas University, Kolkata.
Received on 08 February 2025, Accepted on 10 February 2025, Published on 14 February 2025
ABSTRACT:
Homo sapiens have civilized themselves from cave dwellers to modern human beings and developed themselves socially, culturally, economically, and globally. However, some social issues have constantly challenged the evolution of humankind. One among them is gender-biased socio-cultural decorum. The patriarchal mindset of society has always considered women as a medium to satisfy physical and sexual needs. Sexual violence and harassment are some of the social evils that encircle the life and dignity of women. In India, women are not safe in police custody because of repeated sexual harassment, violence, and gender discrimination. The screams of the sufferers who are raped brutally are unheard by the authority and the government.
( Volume 3 Issue 2 – 2025 )( Publication Date 14 /February/ 2025 )
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Awareness of the Prevention of the Sexual Harassment Act (POSH) 2013: A Key Driver for Women’s Empowerment
AUTHOR’S NAME – Ishti Singhal, B.A.LL.B, Second Year.
INSTITUTION NAME – ILC, Faculty of Law, University of Delhi, Delhi.
CO- AUTHOR’S NAME – Ashish K. Singhal, M.Sc, M.A, LL.B, Research Scholar
AFFILIATION OF AUTHOR – Joint Director, Ministry of Defence, Government of India, New Delhi.
Received on 24 December 2024, Accepted on 8 February 2025, Published on 19 February 2025
ABSTRACT:
Sexual harassment of a woman is a long, pervasive issue that is hindering women’s well-being, career advancement, and overall socio-economic empowerment. After the atrocious Nirbhaya gang rape court Case in 2012, the enactment of the Prevention of Sexual Harassment at Workplace (POSH) Act 2013[1] In India, it is a significant step in addressing the critical issue of sexual harassment and abuse of women at their place of work. In this paper, the authors have examined how awareness of the POSH Act among all genders can contribute significantly to the steps toward women’s empowerment and justice in India. Awareness about this Act equips a woman with their rights and legal safeguards and empowers them to recognize and report instances of harassment without fear. Such awareness promotes a culture of gender sensitivity and greater consciousness about behavior and interactions with colleagues, leading to a more mutually respectful and inclusive work environment.
[1] The Sexual Harassment of Women at Workplace (Prevention, Prohibition And Redressal) Act 2013, 3, No. 14 of 2013, Act of Parliament 2013 (India).
( Volume 3 Issue 2 – 2025 )( Publication Date 19 /February/ 2025 )
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Pacta Sunt Servanda and the evolution of blockchain smart contracts: A jurisprudential analysis
AUTHOR’S NAME – Dinesh Kumar Mishra.
AFFILIATION OF AUTHOR- Teaching and Research Associate, Gujarat National Law University, Gandhinagar.
Received on 9 February 2025, Accepted on 18 February 2025, Published on 23 February 2025
ABSTRACT:
For many years, the fundamental tenet of contract law—pacta sunt servanda, or “agreements must be kept”—has guaranteed the integrity and enforceability of contracts in a variety of legal contexts. Simultaneously, smart contracts and blockchain technology have become revolutionary developments that are changing the nature of contractual interactions. For many years, the fundamental tenet of contract law—pacta sunt servanda, or “agreements must be kept”—has guaranteed the integrity and enforceability of contracts in a variety of legal contexts. Simultaneously, smart contracts and blockchain technology have become revolutionary developments that are changing the nature of contractual interactions. These self-executing agreements, embedded in code and deployed on decentralized platforms, promise efficiency and trust but also challenge traditional jurisprudence.
( Volume 3 Issue 2 – 2025 )( Publication Date 23 /February/ 2025 )
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SOCIAL JUSTICE IN THE INDIAN CONSTITUTION: A JUDICIAL REVIEW
AUTHOR’S NAME – Dr. Amitesh Anand, Ph.D.
AFFILIATION OF AUTHOR – Associate Professor, IIMT University, Meerut.
CO- AUTHOR’S NAME – Dr. Ashutesh Anand, Ph.D.
AFFILIATION OF AUTHOR – Assistant Professor, IIMT University, Meerut.
Received on 4 November 2024, Accepted on 25 November 2024, Published on 28 February 2025
ABSTRACT:
In India, Social Justice has always been a matter of regular debates and discussions. India consists of a large group of people who on certain bases need social justice. This paper specifically focuses on socially disadvantaged people in India. This group of people, since the enforcement of the Indian Constitution, encompasses several Articles for the prohibition of discrimination, the abolition of untouchability, interests’ promotion educationally and economically, and the protection of tribal areas to safeguard, i.e. the SCs and STs in upholding the equality and social justice principles of the constitution. These provisions ensure the goals of social justice for the socially disadvantaged, i.e. SCs and STs given in its Preamble. Therefore, this study delves into all these provisions and landmark judicial judgments, such as Champakam Dorairajan, Indra Sawhney, and the Nandini Sundar v. State of Chhattisgarh judgments that have shaped the implementation and scope of these safeguards.
( Volume 3 Issue 2 – 2025 )( Publication Date 28 /February/ 2025 )
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THE ROLE OF ARTIFICIAL INTELLIGENCE IN LEGAL DECISION-MAKING
AUTHOR’S NAME – Abhinab Kalita, L.L.B., Third Year.
INSTITUTION NAME – University Law College, Gauhati University, Guwahati, Assam.
Received on 7 February 2025, Accepted on 26 February 2025, Published on 5 March 2025
ABSTRACT:
The incorporation of Artificial Intelligence into legal decision-making marks a significant and transformative advancement in the field of law. By using AI, the complex legal processes are streamlined. It also enhances accuracy in decision-making and improves access to justice. AI technologies are widely employed to perform tasks such as legal research, document review, predictions in case outcomes, etc. Artificial intelligence-powered tools can analyze vast legal databases, identify relevant judicial precedents, and suggest arguments, which provides data-driven insights to lawyers and judges in a minimal time frame. However, the adoption of AI in the judiciary also raises critical concerns over bias, transparency, and accountability in legal decisions. Despite the criticisms, AI still has the power to revolutionize legal decision-making, but it must first implement fairness, accountability, and transparency.
( Volume 3 Issue 2 – 2025 )( Publication Date 05 /March/ 2025 )
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RESTRICTIVE COVENANTS IN EMPLOYMENT CONTRACTS: A COMPARISON BETWEEN THE LEGAL POSITIONS IN INDIA AND AUSTRALIA
AUTHOR’S NAME – Nishit Raj, Ph.D. (Pursuing).
INSTITUTION NAME – Karnavati University, Gujarat.
CO-AUTHOR – Dr. P. Lakshmi, Ph.D.
AFFILIATION OF AUTHOR – Dean, UWSL, Karnavati University, Gujarat.
Received on 20 February 2025, Accepted on 12 March 2025, Published on 23 March 2025
ABSTRACT:
Restrictive covenants are those clauses in a contract that are added in the contract especially to make a balance between the freedoms of employees to follow their professions and the preservation of legitimate corporate interests. They are an important part of modern employment law.[1] Typically, these covenants prohibit workers from doing specific things after they quit their jobs, such as working for competitors, pursuing clients, or divulging private information. The enforcement and breadth of these covenants vary greatly throughout nations due to differing legal traditions, economic conditions, and policy concerns.Despite variations in the particulars, both Australia and India acknowledge restrictive covenants as legally valid under specific circumstances.
[1] “A guide to restrictive covenants and their significance within employment contracts, https://www.dentons.com/en/insights/articles/2024/may/9/a-guide-to-restrictive-covenants-and-their-significance-within-employment-contracts (last visited August 26, 2024).
( Volume 3 Issue 2 – 2025 )( Publication Date 23 /March/ 2025 )
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