Research paper

LEGAL FRAMEWORK ON THE TOP(OTT) PLATFORM IN INDIA

Abstract The Indian government is actively developing a legal framework to regulate Over-The-Top (OTT) platforms, such as Netflix, Amazon Prime, and Hotstar, which stream content directly to viewers over the internet. Aimed at preventing content that could offend cultural or religious sensibilities or promote hate speech, this initiative has led to the formation of a …

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IN RE: ARTICLE 370 OF THE CONSTITUTION 2023 INSC 1058

DATE 11th December, 2023. JUDGE/BENCH Dr D.Y. Chandrachud, C.J. and B.R. Gavai, Surya Kant, Sanjay Kishan Kaul and Sanjiv Khanna, JJ. AREA OF LAW INVOLVED Constitutional law: Article 370; Constitutional order 272 and 273. FACTS • Article 370 provided special governance arrangements for Jammu and Kashmir. • The state government dissolved in 2018, leading to the Governor’s rule …

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ROLE OF WHISTLEBLOWERS IN CORPORATE GOVERNANCE 

ABSTRACT The corporate sector in India has undergone significant changes in the past decade, but it has also been marred by various controversial scandals like [Satyam Computer, Kingfisher, Tyco,  and Enron] Corporation. These scandals not only damage the company’s reputation but also harm the interests of investors and stakeholders. These scandals highlight the importance of …

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ADMISSIBILITY OF DIGITAL EVIDENCE FOR CYBERCRIME INVESTIGATION/PROSECUTION

Abstract This research paper talking about admissibility of electronic evidence for cybercrime investigation in the Indian court. Study looks into how important that technology in our daily lives. The technology were growing rapidly of new techniques and tools for collecting, analysing and preserving digital evidence. The legal system incorporated technology into its proceeding through the …

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..THE IMPACT OF ARTIFICIAL INTELLIGENCE ON THE LEGAL PROFESSION

Abstract: – Legal AI has made it clear that disruptions are not exclusive to the legal profession. While AI-powered decision-making is not a possibility in the ongoing scenario, it may become so near future. However, the diverse effects of AI on legal research, contract analysis, predictive analytics, document automation, and ethical issues are examined in …

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DECODING AI GOVERNANCE: CHALLENGES AND WAY FORWARD

Abstract Artificial intelligence (AI) is becoming increasingly prevalent in many spheres of society, and therefore strong regulations and legislations are needed to reduce hazards, guarantee ethical application, and uphold human rights. This paper examines the urgent need for regulations and the challenges present in developing effective governance models. Utilizing a descriptive study technique and a …

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JUDICIAL CHECKS AND BALANCES: COMPARING GROUNDS OF REVIEW IN ADMINISTRATIVE LAW

ABSTRACT: A key component of administrative law is Judicial review. It is a vital tool for maintaining the balance of power guaranteeing governmental accountability and preserving the equilibrium of the power. This paper delves into the concept of judicial review within administrative law, focusing on its role as a mechanism for maintaining checks and balances …

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Breaking the Silence: Redefining Legal Responses to Rape and  Sexual Assault. 

“She was powerful, not because she wasn’t scared but because she went on so strongly despite  the fear.” _______ Atticus  Abstract- Rape and sexual assault are not just against women but against the whole society,  against the human right, against the humanity and the human dignity. Whatever the situation  is or will be no one …

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Safeguarding Sovereignty: Legal Challenges and Diplomatic Initiatives in the Red Sea Dispute

CONTENTS ABSTRACT 3 INTRODUCTION 4 HISTORY AND LEGAL CONTEXT 6 RESEARCH  METHODOLOGY 8 REVIEW OF LITERATURE 9 METHOD 12 SUGGESTIONS 14 CONCLUSION 16 ABSTRACT The Red Sea dispute, exacerbated by the conflict in Gaza and the Houthi rebel group’s attacks on commercial vessels in support of Hamas, poses significant challenges to international law and global …

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INSOLVENCY AND BANKRUPTCY LAW REFORMS IN INDIA: A COMPREHENSIVE ANALYSIS

ABSTRACT:  The Insolvency and Bankruptcy Code (IBC) introduced in India in 2016 aimed to revolutionize the insolvency framework, promoting timely resolution of stressed assets and facilitating ease of doing business. This paper examines the evolution, effectiveness, and challenges of the IBC through a comprehensive review of literature, analysis of methodologies, and suggestions for further improvements. …

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WHITE-COLLAR CRIME: INVESTIGATING COMPANY MISCONDUCT

ABSTRACT White-collar crime is a non-violent crime in which the number one reason is typically economic in nature. White-collar criminals usually occup an expert position of strength and/or status, and one which command nicely above common repayment. This research paper delves into the complex realm of white-collar crime and corporate misconduct, shedding mild on the …

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VIRTUAL REALITIES, REAL CONSEQUENCES: Understanding The Impact of Sexual Violence in Virtual Worlds

ABSTRACT: Virtual Reality (VR) technology has emerged as a powerful tool for facilitating human-computer interaction (HCI), enabling end users to remotely perceive textures and contours, thus facilitating virtual touch. In recent years, VR has surged in popularity thanks to remarkable advancements in hardware and software, epitomized by Meta’s Metaverse, boasting a staggering 400 million users …

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PREMATURE RELEASE OF PRISONERS: UNDERSTANDING THE REMISSION POLICY

ABSTRACT This research paper delves into the multifaceted landscape of premature release of prisoners in India, focusing on the legal framework, case laws, and reform perspectives. It provides a comprehensive overview of the statutory provisions, landmark judgments, and the functioning of the Sentence Review Board (SRB) responsible for recommending premature release. The paper analyzes the …

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ONLINE PRIVACY AND CYBERSECURITY CHALLENGES AND REGULATION

ABSTRACT This report analyses the common interface and pressures between protection and cyber security. It investigates how challenges for cyber security are moreover challenges for security and information security, considers how cyber security approach can influence protection, and notes how the internet administration and security could be a worldwide issue. At last, it sets out …

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UNNATURAL INTERCOURSE BY HUSBAND WITH WIFE NOT RAPE

ABSTRACT The Madhya Pradesh High Court’s ruling that non-consensual “unnatural sex” by a husband does not constitute rape has ignited widespread criticism. Critics argue that the judgement contradicts fundamental human rights principles, undermines women’s safety and well-being, and perpetuates gender inequality. This decision reinforces the outdated marital rape exemption in Indian law, which many see …

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THE IMPACT OF CORPORATE GOVERNANCE PRACTICES ON COMPANY PERFORMANCE

ABSTRACT Corporate governance is increasingly recognized as a critical factor influencing the performance and sustainability of companies, particularly in emerging economies like India. This paper presents a comparative study examining the impact of corporate governance practices on company performance within the Indian context, utilizing case laws to illustrate practical implications. Through a comprehensive review of …

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CASE COMMENT ON IN RE FELLING OF TREES IN AAREY FOREST (MAHARASHTRA)

CASE NUMBER: 36650/2019 JUDGEMENT DATE: 29/11/2022 FACTS OF THE CASE: The case revolves around the felling of trees in the Aarey Forest are in Mumbai, Maharashtra to facilitate the construction of a Metro Car Depot for Metro Line 3. The controversy began when the Mumbai Metro Rail Corporation Limited (MMRCL) sought permissions to cut trees …

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 TITLE: A STUDY OF CYBER SECURITY CHALLENGES AND ITS EMERGING TRENDS ON LATEST TECHNOLOGIES

ABSTRACT Today, due to the modern life style people have joined technology life and using more technology for shopping as well as financial transactions in their cyber space. At the same time, safeguarding of knowledge has become increasingly difficult. In addition, the heavy use and growth of social media, online crime or cybercrime has increased. …

 TITLE: A STUDY OF CYBER SECURITY CHALLENGES AND ITS EMERGING TRENDS ON LATEST TECHNOLOGIES Read More »

Reproductive rights of women in India : Right to bodily autonomy

TABLE OF CONTENTS   I.  Abstract and Introduction    A. Definition of reproductive rights and bodily autonomy    B. Importance of reproductive rights for women’s empowerment    C. Brief historical background of reproductive rights movement in India    D. Thesis statement II. Legal Framework for Reproductive Rights in India      A. Constitutional provisions (Article 21)     B. Medical Termination of Pregnancy Act, …

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THE IMPACT OF AI AND BIG DATA ON ANTITRUST ANALYSIS IN MERGERS

ABSTRACT: Competition authorities have a challenging situation as artificial intelligence (AI) grows. AI has the potential to boost competition through flexible pricing and customised marketing, but it also raises new questions about collusion and market manipulation.Algorithmic decision-making powered by artificial intelligence (AI) is altering market dynamics across several industries. There is a serious knowledge vacuum …

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SOCIAL MEDIA AND DIPLOMACY: A CASE STUDY OF THE INDIA-MALDIVES INCIDENT

ABSTRACT Diplomacy is the art and practice of managing international relations, typically through negotiation, dialogue, and strategic communication. India and Maldives share ethnic, linguistic, cultural, religious and commercial links steeped in antiquity. The bilateral relations between India and Maldives have been close, cordial and multi-dimensional. This research paper explores the increasing role of social media …

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LEGISLATIVE APPROACHES TO ADRESS ISSUES OF ANIMAL TESTING IN THE COSMETICS INDUSTRY

ABSTRACT The cosmetics industry relies heavily on animal testing for the safety and effectiveness of its products. This raises ethical issues and calls for regulatory review. This paper reviews legislative approaches to address the animal testing issues in the cosmetics sector. This paper reviews the evolution of animal testing regulations in the cosmetics sector, from …

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UNDERSTANDING THE ELCTORAL BONDS: KEY TO UNRAVEL THE JUDGEMENT

ABSTRACT In today’s democracy in India, elections are essential. The outcome of elections is greatly influenced by financing and money and as supreme court says ’one way in which money influences electoral outcomes is through vote buying. Another way in which money influences electoral outcomes is through incurring electoral expenditure for political campaigns. Campaigns have …

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Unveiling the Illusion: Deconstructing Pseudoscience in Gender Equality

Abstract:  This paper also intends to scrutinize the effects of Gender Confabulation’s position and its effects on the beliefs and policies of society through evaluating the background and circulation of pseudoscientific concepts or assertions. Usingincipled sociological and psychological research, this work analyzes gender stereotyping and misrepresentations of progress in gender equity that originate from pseudoscientific …

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CAUSES OF VICTIMIZATION AND WAYS TO PREVENT

ABSTRACT Victimization, spanning various forms such as physical assault, emotional abuse, and financial exploitation, poses enduring challenges to societal well-being. This abstract explores the diverse causes of victimization and proposes comprehensive preventive strategies to mitigate its occurrence. Victimization often stems from multifaceted factors. Socioeconomic disparities play a pivotal role, with marginalized individuals facing heightened vulnerability …

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TITLE: The Role of Intellectual Property in Cultural Heritage Preservation – A comparative overview

ABSTRACT: The relationship between protecting cultural heritage and promoting innovation in the context of intellectual property rights today highlights the need for a careful balancing act between tradition and advancement. This study explores the complex relationship between intellectual property (IP) and cultural heritage preservation, looking at how institutional processes and legal frameworks support the promotion …

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Research Paper Title: The influence of Social Networks on Court Proceedings

Abstract: Dissemination, the legal fraternity in India is grappling with the profound effect of social media on trial complaints. This composition, authored by a learned counsel, endeavours to discover the multifaceted impact of social media at the Indian legal device, that specialize in both the legal and ethical considerations that call for attention. India, with …

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RESEARCH PAPER “CORPORATE BOARD DIVERSITY: IMPROVING THE ROLE OF WOMEN IN THE TOP EXECUTIVE POSITIONS.”

Submitted by: Pranjal Goyal Corporate board diversity: Improving role of women in top executive position. Ms. Pranjal Goyal.                                                          Student, NMIMS UNIVERSITY, Navi Mumbai Abstract   Gender diversity in corporate leadership is a critical issue with implications for organizational performance and societal progress. This research paper investigates the relationship between corporate board diversity and the advancement of …

RESEARCH PAPER “CORPORATE BOARD DIVERSITY: IMPROVING THE ROLE OF WOMEN IN THE TOP EXECUTIVE POSITIONS.” Read More »

HUMAN RIGHTS IN THE AGE OF SURVEILLANCE

Abstract The paper “Human Rights in the Age of Surveillance” examines the complex interplay between the necessity of surveillance for national security and the preservation of fundamental human rights, particularly privacy and dignity. This paper explores the tension between the necessity of surveillance for national security and public safety and its impact on essential human …

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Topic name: Growth and Grain: India’s rising profile in International Agricultural Trade

ABSTRACT : Agriculture being the backbone of the Indian economy plays a major role when it comes to deciding the socio-economic growth of India. India which is a land of diversity has different cultures & climatic conditions. The research system of the Indian agricultural system is one of the largest research systems worldwide. In this …

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RESEARCH PAPER “BEHIND BARS AND BEYOND : EXPLORING THE DYNAMICS OF SEXUAL VIOLENCE AGAINST WOMEN INMATES”

Abstract Sexual harassment of women inmates within carceral environments depicts a pervasive and deeply troubling phenomenon with far-reaching implications for both individual well-being and broader societal justice. This research paper endeavors to elucidate the multifaceted nature of sexual violence perpetrated against female inmates delving into its prevalence, underlying causes, legal landscape, and suggestions. Drawing upon …

RESEARCH PAPER “BEHIND BARS AND BEYOND : EXPLORING THE DYNAMICS OF SEXUAL VIOLENCE AGAINST WOMEN INMATES” Read More »

Artificial Intelligence and Automation:

– The legal community is grappling with questions about liability, accountability, and ethical considerations surrounding AI-driven decision-making. Abstract- The rapid evolution of technology, particularly artificial intelligence (AI), has transformed perceptions about human values, behaviors, and needs. AI extends beyond conventional computer programs and robotics, integrating the innate human capacity for knowledge application, skills acquisition, and …

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CAPITAL PUNISHMENT: HARMONY BETWEEN INDIVIDUAL AND STATE INTEREST

ABSTRACT The idea of punishment in the criminal justice system is universally acknowledged, there is controversy when it comes to the Capital Punishment. Over the last several decades, the capital punishment has been the most contentious issue. There are a lot of arguments in support of the death penalty and a lot of arguments against …

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TOPIC: Law and Indian economy: A study on the effect of Indian contract law

ABSTRACT  Economic analysis of law is a legal theory approach that uses economic approaches to law. It entails using economic principles to explain the impacts of laws, determining which legal rules are economically efficient, and forecasting which legal rules will be enacted. Before, the application of economic analysis to the study of law and legal …

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Title: Legal framework prohibiting gender discrimination in the work place in India.

ABSTRACT: Gender discrimination in the workplace remains a persistent challenge in India, despite constitutional guarantees and legislative efforts. This article examines the legal framework aimed at prohibiting gender discrimination in employment, tracing its historical background and evolution. It highlights key laws such as the Equal Remuneration Act, Maternity Benefit Act, and the Sexual Harassment of …

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PLEA BARGAINING AND ITS IMPACT ON THE INDIAN JUSTICE SYSTEM

ABSTRACT Plea bargaining, a process whereby the accused pleads guilty in exchange for a more lenient sentence, has been a subject of considerable debate in the Indian legal system. This paper examines the legal dimension of plea bargaining in India and its impact on the country’s justice system. It analyzes the historical background, constitutional validity, …

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THE DIGNITY OF CHOICE: EUTHANASIA AND RIGHT TO DIE LAWS IN THE INDIAN CONTEXT

ABSTRACT: The controversial topic of euthanasia in India has spurred discussions about ethics, morality, and legality. Euthanasia, which has its roots in the desire to put an end to extreme suffering in a dignified manner, is a complicated topic with many different variations and legal implications. This essay investigates the moral and legal aspects of …

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Uncovering Flaws in the Waterfall Mechanism: A Study of Section 53 of the IBC, 2016

Anshika Misra ABSTRACT: The Insolvency and Bankruptcy Code (IBC) of 2016 revolutionized India’s approach to resolving distressed assets, providing a structured framework for insolvency proceedings. However, the issue of inter se priority among secured creditors remains a challenge within the Code, leading to uncertainty and inconsistency in its application. Despite efforts by the Bankruptcy Law …

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SITUATION OF TRANSGENDER IN PRISON AND RELATED LAWS IN INDIA

Abstract India is making progress in various medical, economic, and social areas. However, the care of transgender individuals is still hindered by biases and taboos. Interestingly, Hindu mythology regards transgender individuals as equal to other genders. The concept of “tritiyaprakriti” or “napumsaka” has been an integral part of Hindu mythology, folklore, epic, and early Vedic …

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Democracy Derailed: Tracing India’s Drift Toward Dictatorship

Abstract India is a democratic country. Its diverse cultures and traditions paint a vibrant picture of diplomacy, where every voice finds a place. Elections, which are far from religious rituals, enlighten the power of the country. Fixed within the pages of India’s constitution are rights, freedom, and equality among the people. However, recent years have …

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Navigating Copyright Laws Across International Jurisdictions & Critically Distinguishing Its Spirit Inter Se with  Demarcative Discern 

 Author – Mayukh Parial   2nd Year, BBA.LLB(H), UEMK  Contact – mayukhparial@gmail.com  LinkedIn: www.linkedin.com/in/mayukh07  ACKNOWLEDGEMENT: In spite of and addition to the due mention and recognition given to priorly existing literary work used for reference/citations in  compiling/arranging the data incorporated in this paper, the Author humbly proclaims that if any further due bibliographical recognition is …

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TOPIC: PROMOTING ACCOUNTABILITY AND TRANSPARENCY: THE ROLE OF ADMINISTRATIVE LAW IN GOOD GOVERNANCE

FIRST TASK – RESEARCH PAPER BATCH – MAY’ 2024 SUBMITTED BY:   PARAS ADESARA   MARWADI UNIVERSITY   3rd YEAR LAW STUDENT TABLE OF CONTENT SR NO. PARTICULARS PAGE NO. 1 ABSTRACT 3 2 INTRODUCTION 3 3 REVIEW OF LITERATURE 4 4 RESEARCH METHODOLOGY 4 5 (A)ADMINISTRATIVELAWANDGOODGOVERNANCE 5-6 6 (B)ADMINISTRATIVELAW’SFUNCTIONINGOODGOVERNANCE 7-11 7 (C)TRANSPARENCY AND ACCOUNTABILITY’S …

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The Law of the sea: Navigating Maritime Disputes

ABSTRACT: When we talk about the international relations maritime disputes always generate heavily, new recent circumstances create a focus for The Law of the Sea to be the ultimate adjudicate over these disputes. Tackling the newest stages of the unilateral diplomatic game and exploring one of the most significant legal tools for controlling maritime conflicts …

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The Impact of COVID-19 Pandemic on Property Laws in India, Including Patent Rights, Trademark Rights, Copy Rights Laws

ABSTRACT The COVID-19 pandemic has resulted in unprecedented global issues that impact various domains of governance and legality. This study project looks specifically at how the epidemic has affected India’s property laws, with a focus on intellectual property rights like copyright, trademark, and patent laws. The beginning of the pandemic accelerated the passage of historic …

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SARFAESI Act, 2002: Are methods of recovery affects the rights of borrowers? Impact of the recent amendment in Section 13(8).

Abstract: SARFAESI Act, 2002 This act basically came into force to decrease the amount of NPAs that were happening and provide protection to the banks and financial institutions. This paper here deals with the different methods of recovery of debt by the secured creditor, like securitization and asset reconstruction, but in addition, there are many …

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Critical Analysis of Bharatiya Nyaya Sanhita 2023 and the Indian Penal Code, 1860 with special regards to laws concerning rape and unnatural offences.

Abstract This paper discusses anomalies in the new Bharatiya Nyaya Sanhita Bill 2023 and conducts a comparative analysis between the proposed bill and the established Indian Penal Code (IPC) with special regard to laws concerning rape and unnatural offences. Using the methodology of doctrinal research, comparative analysis of the bill has been done. The writer …

Critical Analysis of Bharatiya Nyaya Sanhita 2023 and the Indian Penal Code, 1860 with special regards to laws concerning rape and unnatural offences. Read More »

Wiretapping: Unveiling the Intricacies of Surveillance and Privacy

Introduction Wiretapping, the covert monitoring and recording of telephone and internet communications, has long been a powerful tool for law enforcement and intelligence agencies. Its ability to intercept real-time conversations provides critical insights into criminal activities, national security threats, and other significant investigations. However, this powerful surveillance technique also brings to the forefront a host …

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Title- Amending the Constitution of India: Process and Limitations        

Abstract Provisions for amendment of the Indian constitution is made with a view to overcome the difficulties, which may encounter in future in the working of the Constitution. No generation has monopoly of government according to their requirements. If no provisions to extra constitutional method like revolution to change the Constitution.  It has been the …

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EVIDENTIARY VALUE OF DYING DECLARATION UNDER INDIAN EVIDENCE ACT

  Abstract This paper critically examine the admissibility and evidentiary value of dying declaration by assessing various judicial pronouncement. This paper meticulously explores the historical development of dying declaration which presumes the veracity of statements made in the face of impending death by assessing their roots to the 1789 case of King v William Woodcock and …

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Title: Gender Discrimination in Law Enforcement: A Comprehensive Analysis

 Abstract: Gender discrimination within law enforcement agency remains a persistent and complex issue, with significant implications for organizational culture, effectiveness and public trust. Despite the progress made in recent decades, women continue to face significant barriers to equal opportunities and fair treatment in law. It is a pivotal field to discuss as without equality there …

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UNDERSTANDING ESSENTIALS OF ADOPTION: THE INTERSECTION OF HINDU LAW AND CHILD WELFARE THROUGH CASE STUDIES

ABSTRACT Adoption under Hindu Law requires meeting various conditions and requirements in order to be legitimate, which are governed by a codified set of rules and regulations. When a child is adopted, the biological parents legally give up all parental rights and duties to the adoptive parents. The adopted parents become the child’s natural parents. …

UNDERSTANDING ESSENTIALS OF ADOPTION: THE INTERSECTION OF HINDU LAW AND CHILD WELFARE THROUGH CASE STUDIES Read More »

TITLE: LEGAL IMPLICATIONS OF GENE EDITING AND GENETIC ENHANCEMENT IN AGRICULTURE

ABSTRACT: Gene editing and genetic enhancement technologies can be likened to superheroes when it comes to securing our food sources and improving farming efficiency. They possess incredible power, yet they also bring forth a range of challenges. These challenges encompass aspects such as establishing clear guidelines and regulations, defining ownership rights, ensuring the safety of …

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TITLE – SUBMISSION OF ANIMAL TESTIMONY IN COURTS AND ITS RELEVANCE IN FUTURE    

ABSTRACT:- Testimony may be defined as a formal statement made by witness to what they saw and know about the situation after they promise to tell the truth in court. Section 118-134 of Indian evidence act define who can testify as witness, what statement will be considered as testimony etc. Section 118 of Indian evidence …

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Trademark Strategies in Economic Downturns: Safeguarding Intellectual Property Amid Recession:

Abstract: This paper examines the complex relationship between intellectual property (IP) trademarks and economic recessions. Trademarks, a critical component of IP, serve as valuable business assets by protecting brand identity and consumer trust. However, during economic downturns, businesses face unique challenges and opportunities regarding their trademark portfolios. This paper explores how recessions impact trademark registration …

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Indirect discrimination: analyzing contemporary mechanisms against women in workplace.

Abstract The concept of indirect discrimination, while seemingly neutral on the surface, poses significant challenges to equality and inclusion in various facets of society, particularly in the workplace. This abstract delves into the meticulous dynamics of indirect discrimination, contrasting it with direct discrimination, and explores its manifestation through case studies and legal precedents within Indian …

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