Publications

ABSTRACT BY: MANNAT KAPOOR 4TH SEM, ASIAN LAW COLLEGE, NOIDA ABSTRACT Verbal agreements are legally binding in India under the Indian Contract Act, 1872, provided they meet essential elements such as offer, acceptance, consideration, and intention to create legal relations. However, enforcing verbal contracts is challenging due to the lack of written documentation, making it …

GHOSTING IN CONTRACTS: CAN YOU SUE FOR A BREACH OF VERBAL AGREEMENTS Read More »

Abstract This research paper investigates an essential but often underestimated component of the justice system: the lack of substantial legal aid services for imprisoned people. It seeks to demonstrate the extent of underutilisation of legal aid services among prisoners nationally. The main reason for this underutilisation of legal rights by the prisoners to which they …

“Behind Bars, Beyond Rights: The Unseen Crisis of Legal Aid Ignorance in the Prison System” Read More »

AbstractThis research paper dives into the constitutional, legislative and social dimensions of same-sex marriage in India, focusing on the ongoing struggle for conjugal rights for queer couples. Though the decriminalisation of homosexuality in the landmark Navtej Singh Johar v. Union of India (2018) decision was a significant step toward equality, the absence of legal recognition …

Same-Sex Marriage: A Question of Conjugal Rights in India Read More »

ABSTRACT  Advocates play a crucial role in upholding justice and ensuring the fair application of the law. However, in India, they often face threats, violence, and intimidation, hindering their ability to perform their duties fearlessly. The absence of a comprehensive Advocate Protection Law leaves legal professionals vulnerable to harassment, coercion, and even physical assault. This …

BALANCING JUSTICE AND SECURITY: THE NEED FOR AN ADVOCATE PROTECTION LAW IN INDIA Read More »

India loses 403 migrant worker who work in different countries from past 5 years. State labour and employee’s State insurance minister Ganesh Ram Singkhuntia said 403 migrant workers from India died in other countries 2015 to 2024. The one of the recent incident that took place in Italy.  54 years old man an Indian migrant …

Foreign embassies, ILO and migration labour lives. Read More »

Abstract As the Metaverse evolves into a fully immersive digital ecosystem, a key question arises that, Can human rights exist in a space without physical borders, sovereignty, or jurisdiction? This paper argues that virtual spaces do not constitute real territories under international law, making extraterritorial human rights obligations (ETOs) inapplicable to states. International courts, including …

The “Silent” ETOs: Can a State Be Responsible for Omissions Outside Its Borders? Read More »

ABSTRACT Most people understand law to be the tool that is used to establish order and impose regulations on the human behavior. But the ideal definition of it is “the representation of fairness and reliability”. The very purpose of it should be to ensure the protection of its subjects and uphold justice. People need to …

CONSENT IN MARRIAGE: THE LEGAL BLIND SPOT IN CRIMINALIZING UNNATURAL SEX Read More »

Abstract This study investigates the significant legal shortcomings and challenges encountered by domestic workers in India. Despite their essential role in households, these workers often face exploitation, inadequate wages, extended working hours, and a lack of legal protections. The informal nature of domestic work, combined with weak enforcement mechanisms and employer resistance, exacerbates their vulnerability. …

Challenges in Enforcing Domestic Workers’ Rights: Legal Gaps and Policy Recommendations Read More »

ABSTRACT In India, e contract was in existence since 1990, but this mode has become more popular in modern era especially after the period of Covid-19 with the government digital policies such as digital India. Globalization, modernisation and digitalisation has also acted as impetus for increasing the trend of E contract. with the increasing innovation …

Laws Regulating E Contact in India Read More »

Abstract The Indian criminal judiciary, rooted in the opposing Anglo -saxon model, is plagued by systemic inefficiency, corruption and outdated legal framework. Despite the presence of complex legislation, such as the Indian Penal Code (1860), Code of Criminal Procedure (1973) and the Indian evidence Act, the system is fighting with delayed courts, congested judiciary, ineffective …

What ail’s India’s criminal justice system? Read More »

ABSTRACT This research paper investigates complex relations between national formation and International Human Rights Act. It checks that to implement and protect human rights at the domestic level, affect the development and development of international human rights norms, how the alliances serve as important equipment. The paper analyzes various methods that include the formation of …

THE ROLE OF CONSTITUTIONS IN INTERNATIONAL HUMAN RIGHTS LAW Read More »

SUPPORT SYSTEMS UNDER THE POCSO ACT Abstract Protection of children from sexual offenses (POŠSO) is a decisive legal framework in India, which in India will provide rights and well -being for children who have survived a sexual offense. The law, which recognizes the deep and lasting impact of these crimes, provides comprehensive legal mechanisms to …

EMPOWERING CHILD SURVIVORS: STRENGTHENING Read More »

ABSTRACT The supreme law of the land ‘THE INDIAN CONSTITUTION’ doesn’t recognize and give it’s citizens the “Right to die” or “To take one’s life but due to the rising of crimes against the humanity in the recent time due to modernization, globalization, liberalization, increase in socio- economic disparities, discrimination and these days greed has …

DEATH PENALTY AND IT’S EVOLUTION IN INDIAN LEGAL SYSTEM: A CRITICAL STUDY Read More »

Constitution of India is the fundamental law governing the nation. Understanding the interpretation of the language used in the Constitution is essential for adapting the legal system to societal needs and is crucial for safeguarding the individual rights and freedom. Since 1950, Supreme Court of India has addressed substantial questions of law regarding Constitutional interpretation, …

“AI and Constitutional interpretation in India: Role of language in legal understanding”. Read More »

Abstract   The application of the death penalty has long been a subject of debate, particularly concerning gender disparities in sentencing. This study explores whether women receive leniency in capital punishment cases compared to men, analyzing judicial trends, societal perceptions, and legal frameworks. Through an examination of case law, sentencing patterns, and empirical data, the research …

Gender Bias in Capital Sentencing: Do Women Receive Leniency in Death Penalty Cases? Read More »

Abstract Dying declarations is an exception to the general rule against Hearsay. The Indian Evidence Act does not explicitly define the term “dying declaration.”This article explores dying declarations an examination of statutory provisions and judicial precedents, focusing on their examination of statutory provisions and judicial precedents in Indian courts.  The principle behind Section 32(1) of the Evidence …

DYING DECLARATIONS: AN EXAMINATION OF STATUTORY PROVISIONS AND JUDICIAL PRECEDENTS Read More »

ABSTRACT The business of sports is now a multi-billion-dollar international enterprise where the rights to intellectual property are fundamental for brand reputation, commercial success, and legal action. Trademarks are priceless assets for sports teams, leagues, and athletes that enable them to create and safeguard their distinct identity and stop illegal commercial exploitation. The business of …

TRADEMARK IN SPORTS BUSINESS Read More »

ABSTRACT This research will discuss the legal study about freedom of speech against hate speech. the constitution provides some fundamental rights to Indian citizen. To maintain the dignity among state and citizen. The provision under Article 19 in Indian constitution provides some basic fundamental rights in which Article 19 sub clause (a) discusses freedom of …

Freedom of Speech vs. Hate Speech: A legal Perspective   Read More »

ABSTRACTEnvironmental protection is an imperative for sustainable development and the survival of human beings. Not only it is the question of the living system of the very Earth but its existence. The Indian Constitution, through judicial interpretations and provisions thereof, has created a strong legal framework for protecting the environment. This paper analyses constitutional provisions, judicial precedents, legislative acts, and amendments shall serve as the foundation of environmental jurisprudence in India. The paper also identifies historical developments, leading judgments, and challenges and proposes some improvements for proper environmental governance. 1.INTRODUCTIONProtection of the environment is a necessary component of governance, …

CONSTITUTIONAL IMPERATIVES OF ENVIRONMENTAL LAW Read More »

Abstract:  Life is a precious gift, though not everyone receives it well. Few people take this extreme step of suicide commitment wherein a person takes away his own life. But not everyone is successful in such attempts, suicide itself is not punished but the attempt, abatement and assisting suicide is punished in many parts of …

Decriminalization of attempt to suicide in the light of Mental-Healthcare laws in India. Read More »

ABSTRACT This study explores how the Guardians and Wards Act of 1890 should be interpreted and used, focusing on support for youngsters in current custody issues. Although the statute specifies the statutory requirements for selecting parents and their responsibilities, it does not mention financial support to promote child welfare. Despite the lack, the paper contends …

Maintenance under guardian and wards act, 1890: An Interpretative Analysis in Light of Contemporary Custody Battles Read More »

Abstract: The internal strife within the country greatly jeopardizes the nation’s stability, governance, and constitutional order. The phenomenon of the Manipur conflict showcases unresolved ethnic clashes, poor governance, and defined legal ambiguities concerning internal disturbances. This work seeks to understand the role of the state and of the Union government in maintaining order and law …

Internal Disturbance and the Role of the State A Legal Analysis of the Manipur Violence under the Constitution Read More »

Abstract This paper explores the legal complexities of fraudulent trading during voluntary liquidation, focusing on the implications for corporate governance and creditor protection. It examines legislative frameworks, key case laws, and the challenges in proving fraudulent intent. The study compares Indian laws with international practices and suggests reforms to strengthen corporate accountability. Keywords Fraudulent Trading, …

Fraudulent Trading in Voluntary Liquidation Read More »

ABSTRACT  Energy security and the shift to renewable energy sources are two of the most pressing global issues, and growing economies like India’s face them directly. As India pushes toward clean energy adoption to combat climate change, it must also secure reliable energy supplies to meet the growing needs of its population and economy. This …

LEGAL STRATEGIES FOR BALANCING ENERGY SECURITY AND TRANSITION: ADDRESSING RECENT DEVELOPMENTS AND CHALLENGES.  Read More »

ABSTRACT The research paper is about Spoil System and it is the misuse of power by a government of an authority by biasing the employment opportunity. This research paper discusses the main attributes of Spoil System in correspondence to the political situation prevailing in INDIA and cites the references to other such countries where similar …

SPOIL SYSTEM IN MODERN INDIA Read More »

ABSTRACT This research paper examines adolescent relationships and legality of sexual relations arising out of them under POCSO act and international child protection laws emphasizing the criminalization of consensual relationships. This paper further understands how different countries perceive and regulate adolescent relationship and the influence of cultural factors on legal framework while also examining its …

STUDY OF INTERNATIONAL CHILD PROTECTION LAWS VERSUS POCSO IN CASE OF ADOLESCENT RELATIONSHIPS Read More »

Exclusive territorial agreements adversely affect the competition in the market, as well as the market entry in certain cases. This research article examines the evolving judicial trends on exclusive territorial agreements in vertical restraints, focussing on judgments given by the Competition Commission of India (hereinafter called as ‘CCI’). Through a case-based analysis, this paper delves …

Judicial Trends on Exclusive Territorial Agreements in Vertical Restraints: Case-Based Examination of AAEC Read More »

By: G. Harini 4th Year B.A.L.L.B., Government Law College, Theni. Abstract: The regulation of drugs and cosmetics in India is crucial in ensuring public health by maintaining product safety, efficacy, and quality. Despite the Drugs and Cosmetics Act, of 1940, and subsequent amendments, the regulatory framework faces persistent challenges such as the prevalence of spurious …

Strengthening India’s Regulatory Framework for Drugs and Cosmetics: Bridging Legal Gaps and Ensuring Global Compliance. Read More »

ABSTRACT Public Nuisance, Is A Tortious Liability or Criminal Liability? Has Remained Mystery, Suffering from Its Schizophrenic Nature As Both Crime And Civil Action; the law of public nuisance is in some aspects uncertain and ill-defined, this acknowledges the complexities and ambiguities in the legal framework. This paper enlightens the topic with the help of …

FROM ANNOYANCE TO OFFENCE: THE SHIFTING SANDS OF PUBLIC NUISANCE Read More »

ABSTRACT:  In contract law, mistakes and misrepresentations can significantly affect the validity and enforceability of agreements. This paper provides a detailed examination of the concept of unilateral mistake on the formation of contracts as outlined in the Indian Contract Act, 1872. This paper explores the legal principles governing unilateral mistakes, the judicial approach in common …

EFFECT OF UNILATERAL MISTAKE ON THE FORMATION OF CONTRACTS Read More »

Abstract  The European Union directive on the digital single market aims to address ongoing concerns regarding online content and media. The directive seeks to promote innovation, protect the interests of creators, and establish a balance among the various stakeholders involved. By clarifying responsibilities, the EU aims to create a more transparent and accountable digital environment. …

Copyright Law And The Digital Single Market : A Review Of The UK Legislation And EU Directives  Read More »

Abstract  This article examines police brutality through the lens of international human rights frameworks, assessing their effectiveness in regulating law enforcement’s use of force. Using a qualitative legal methodology, it analyzes key instruments such as the International Covenant on Civil and Political Rights (ICCPR) and the European Convention on Human Rights (ECHR) to explore principles …

Use of Force by Law Enforcement: Evaluating Human Rights Frameworks on Police Brutality.  Read More »

ABSTRACT It digs deep into the different legal and regulatory issues surrounding sports development, specifically emphasizing key areas like governance, rights for athletes, commercialization, anti-doping practices, and development of infrastructural systems. International organizations, for example, the role of FIFA, as well as the International Olympic Committee, determine how these factors can impact sports law within …

Sports Law in Developing Countries: Analyzing the unique legal and regulatory challenges sports face in developing countries. Read More »

ABSTRACT – The Indian Aviation Industry has experienced rapid growth in recent years, driven by increasing demand for air travel and cargo services. However, this growth has also highlighted the need for a comprehensive and effective regulatory framework to govern the industry. This paper provides an in-depth analysis of Indian aviation law, tracing its evolution …

Navigating the skies : an analysis of emerging trends and challenges in Indian Aviation Law  Read More »

Introduction In surrogacy, a woman, referred to as the surrogate, bears and gives birth to a child on behalf of a different person or couple, known as the intending parents. Those who are unable to conceive naturally because of infertility, certain medical disorders, or certain health hazards related to pregnancy usually seek this arrangement. There …

Regulating Surrogacy in India: A Legal and Ethical Enquiry Read More »

 Abstract         The research paper explores the impact of political and ideological attacks on the effectiveness of prioritization models in India’s legal aid services. It highlights the financial constraints and operational challenges faced by legal aid, which are crucial for ensuring justice for marginalized groups. The study also discusses the negative effects of resource rationing, funding …

The Impact of Political and Ideological Attacks on the Efficacy of Prioritization Model in Legal Aid Services Read More »

Table of Contents S. No. Content Page No. 1 Facts 1 2 Issues Raised 2 3 Contentions 3-6 4 Rationale 7-8 5 Defects of Law 9 6 Inference 10 7 References 11 FACTS ISSUES RAISED P.S. Narasimha J. reframed the above issues as: Whether an arbitration agreement’s appointment process, which allows an interested person (w.r.t …

Central Organisation for Railway Electrification vs ECI SPIC SMO MCML (JV) A Joint Venture Company Read More »

RIGHTS IMPLICATIONS. ABSTRACT In today’s era cyber security plays a very major role in the development of the society. Where data has become a sensitive information which can be easily access by anyone in the public domain. With the exponential increase in internet user has led to major issue of “right to privacy”. Whereas India …

“SECURING DIGITAL INDIA: CYBERSECURITY MEASURES AND HUMAN Read More »