ABSTRACT Medical malpractice is a critical issue within the realm of tort law, as it governs the legal liability of healthcare professionals for negligent or improper medical treatment that causes harm to patients. This research paper provides an in-depth analysis of medical malpractice, its legal principles, and its implications within the framework of tort law. …
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, …
PLEA BARGAINING AND ITS IMPACT ON THE INDIAN JUSTICE SYSTEM Read More »
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 …
THE DIGNITY OF CHOICE: EUTHANASIA AND RIGHT TO DIE LAWS IN THE INDIAN CONTEXT Read More »
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 …
Uncovering Flaws in the Waterfall Mechanism: A Study of Section 53 of the IBC, 2016 Read More »
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 …
SITUATION OF TRANSGENDER IN PRISON AND RELATED LAWS IN INDIA Read More »
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 …
Democracy Derailed: Tracing India’s Drift Toward Dictatorship Read More »
ABSTRACT Bharatiya Nyaya Sanhita was introduced on 11 August 2023 and received President’s assent on December 25, 2023 to replace Indian Penal Code. It will become effective from July 1, 2024 replacing Indian Penal Code which has been a backbone of our criminal justice system for more than 6 decades. BNS will effectively replace IPC, …
FALSE PROMISE OF MARRIAGE: AN OFFENCE UNDER BNS. Read More »
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 …
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 …
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 …
The Law of the sea: Navigating Maritime Disputes Read More »
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 …
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 …
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 …
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 …
Wiretapping: Unveiling the Intricacies of Surveillance and Privacy Read More »
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 …
Title- Amending the Constitution of India: Process and Limitations Read More »
Abstract In order to grant daughters the status of coparceners, or the same rights on the property of their fathers’ ancestors, the Hindu Succession (Amendment) Act, 2005 was enacted. Coparcenary property was a special kind of joint family property that was exclusively inherited by male lineal descendants of a common ancestor by birth prior to …
Decoding Right to Property for Female Coparcenary Read More »
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 …
EVIDENTIARY VALUE OF DYING DECLARATION UNDER INDIAN EVIDENCE ACT Read More »
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 …
Title: Gender Discrimination in Law Enforcement: A Comprehensive Analysis Read More »
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. …
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 …
TITLE: LEGAL IMPLICATIONS OF GENE EDITING AND GENETIC ENHANCEMENT IN AGRICULTURE Read More »
ABSTRACT Advances in science and technology have made forensic science a vital part of the justice system. DNA evidence has played a vital part in the criminal justice system in recent years. In many cold cases, there was a lack of traditional evidence. DNA evidence helps in criminal investigations and establishes a connection between the …
Use of DNA evidence in criminal justice systems. Read More »
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 …
TITLE – SUBMISSION OF ANIMAL TESTIMONY IN COURTS AND ITS RELEVANCE IN FUTURE Read More »
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 …
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 …
Indirect discrimination: analyzing contemporary mechanisms against women in workplace. Read More »
Abstract: Gender workers, prison staff and people with disabilities face discrimination, harassment, and discrimination. Gender, as well as factors such as class, wealth and disability, exacerbate the problems faced by these groups. Social workers are often punished and discriminated against, have limited economic opportunities, lack legal protections, and face significant risks of abuse. Promoting gender …
Abstract This research paper examines the constitutional challenges faced by indigenous communities in India regarding tribal rights and land disputes. Despite constitutional provisions and international commitments, indigenous communities continue to encounter obstacles in protecting their ancestral lands and preserving their cultural heritage. The paper critically analyses the implementation gaps in constitutional provisions, explores the impact …
I. Introduction The compulsory imposition of financial charges by governments on persons and corporations is known as taxation. Taxation is important to accomplish tasks like raising money to pay for public services, dividing the wealth to encourage social justice, monitoring behaviour to solve social issues (such as tobacco, alcohol, or carbon emissions to discourage their …
Abstract This article discusses the pros and cons of implementing a Uniform Civil Code (UCC) in India. The UCC would be a set of laws governing marriage, inheritance, adoption, etc., that applies to all Indians regardless of religion. Supporters of the UCC argue that it would promote gender equality, national unity, and social progress. They …
“The law is reason, free from passion.” – Aristotle Abstract: This paper focuses on the intricate legal debates and constitutional controversies that have arisen following the implementation of the Citizenship Amendment Act (CAA) in India. The primary objective of this research is to analyze the various legal aspects and constitutional dilemmas associated with the …
ABSTRACT The populace of a nation is categorized into Citizens and Non- Citizens ( Aliens). Gaining citizenship in India is intricate as the Constitution lacks definite or comprehensive provisions regarding Citizenship. The aspect of Citizenship, which should have normally been dealt by the legislature or the parliament, been taken into consideration by the Constitution of …
TITLE – The CAA Conundrum: Context, Clarity and Consequences Read More »
The debate over the implementation of a Uniform Civil Code (UCC) in India has been a contentious issue for decades. A UCC seeks to replace the diverse personal laws rooted in the scriptures and customs of India’s major religious communities with a common set of rules applicable to all citizens. Proponents argue that a UCC …
The Uniform Civil Code: A Boon or a Bane for India? Read More »
ABSTRACT This paper examines the anti-doping landscape in India, focusing on the National Anti-Doping Agency (NADA) and its relationship with key stakeholders. We explore NADA’s connection to the Sports Authority of India (SAI) for implementation and UNESCO for educational initiatives. The crucial role of the World Anti-Doping Agency (WADA) in establishing the anti-doping code and …
Abstract The Information Technology Act, 2000 provides a legal framework for electronic governance by recognizing electronic records and digital signatures. It addresses cybersecurity concerns by defining offences related to unauthorized access, data breaches and cybercrimes, along with prescribing penalties for such activities. In today’s world no one wants any kind of interference or threat in …
Abstract A juvenile or child is a person under 18 years old. International law recognizes any person under the age of 18 as a child. A child is defined by the United Nations Convention on the Rights of the Child (UNCRC) which has become universally acceptable. The Juvenile Justice Care and Protection of Children Act, …
Abstract One of the reasons behind people not approaching the court of law to seek justice in case of any unlawful event is the common belief that “proceedings of a court are too expensive” and as a lower middle-class citizen of the country, it is difficult to have funds to cover these costs. Court fees, …
Impact of Litigation Finance on Corporate Litigation Trends Read More »
Prashant Bhushan, the individual accused of contempt, is an experienced senior advocate with over thirty years of involvement in public interest litigation across various high-profile cases. On July 22, 2020, a petition was lodged against both Prashant Bhushan and Twitter Inc. in the Supreme Court of India, drawing attention to two tweets posted by Bhushan. …
“Analyzing the Prashant Bhushan Contempt of Court Case” Read More »
ABSTRACT: This paper talks about a recent issue faced by a large number of members due to the one of the most rapidly evolving field named as “Artificial Intelligence”. Issues such as data privacy, intellectual property rights, and liability for AI-generated errors pose significant legal challenges. It discusses about which law would apply, or whether criminal …
TITLE: ARTIFICIAL INTELLIGENCE AND LIABILITY LAWS Read More »
Abstract Surrogacy is a preferred path chosen and is becoming increasingly popular among many couples who want to but are unable to have children on their own, even though it can be challenging for both parties. It is a practice where a surrogate carries and gives birth to a child that she intends to give …
The Role of Mediation and Arbitration in Surrogacy Disputes Read More »
By – Mayukh Parial (Author) University of Engineering and Management, Kolkata Contact No. 7439445758 Email: mayukhparial@gmail.com 3rd Semester, 2022-27 Batch, BBA LLB (H) & Sanchari Das (Co-author) University of Engineering & Management, Kolkata Contact No. 89675 70078 Email: dastitli168@gmail.com 3rd Semester, 2022-27 Batch, BBA LLB (H) ABSTRACT A profession is something that is practised by …
Abstract: In India, the 2019 Citizenship Amendment Act (CAA) has generated a great deal of discussion and contention. The goal of this paper is to present a thorough legal examination of the CAA, looking at its constitutionality, effects on citizenship, and conformity to international agreements and standards. The study contends that although the CAA aims …
Scrutinizing the Citizenship Amendment Act: A Legal Analysis Read More »
THE AMIKUS QRIAE NAME – LAVANYA MITTAL GROUP SAMRIDDHI AND SUDESHNA MONTH OF INTERNSHIP APRIL MODE OF INTERNSHIP VIRTUAL TASK FIRST WEEK TASK INTO-EVOLUTION The media plays a crucial role in society, acting as the Fourth Pillar of Democracy alongside the Legislature, Executive, and Judiciary. In India, the freedom of the press is protected under …
ABSTRACT India accommodates a significant influx of refugees from various of the world with ethnic backgrounds and religious beliefs. This paper tries to identify the roots of refugees and their level of persecution. Since India does not have a refugee law like The Refugee Act of 1980 of the United States of America, the paper …
Abstract: Crime against women remains a pervasive and distressing issue globally, cutting across socio-economic, cultural, and geographic boundaries. From domestic violence and sexual assault to harassment and trafficking, women face various forms of violence that not only violate their fundamental rights but also undermine their dignity and well-being. Despite significant efforts to address this scourge, …
THE AMIKUS QRIAE CRIME AGAINST WOMEN UNDER THE GRAB OF CUSTOM AND TRADITION Read More »
Abstract Artificial intelligence (AI) has exploded from science fiction to reality, impacting nearly every field, and intellectual property (IP) rights are no exception. This powerful tool presents a double-edged sword for IP. AI can revolutionize patent searches with faster and more accurate results, and even help sort and analyse inventions, identifying similar existing patents. However, …
Impact of Artificial Intelligence on Intellectual Property Law Read More »
ABSTRACT: Reproductive health of a women and the rights over her reproductive health is a crucial and a debatable topic nowadays. Various challenges and issue are faced by women for right over their own reproductive health is a point that needs a through research. The research paper aims to study about the meaning, nature and …
A DETAILED STUDY OVER THE REPRODUCTIVE RIGHTS OF A WOMEN AND REPRODUCTIVE TECHNOLOGY Read More »
Abstract In today’s fast-paced society, there has been a significant shift in the needs of the people. The internet has now become a crucial aspect of our daily routine, and electronic devices are now considered a fundamental necessity. This research paper aims to provide a detailed analysis of the emergence of cyberspace, cybercrime, and cyber …
Abstract : This research paper deals with the interplay & intersection of AI & IPR as the name suggests. It first talks about the ever-growing role of AI in the creative industry and how AI covers everything from writing assistance to image synthesis. But these props come with their cons. Thus, arises the legal issues …
The Interplay between AI & IPR & its Legal Implications for the Digital Economy. Read More »
Abstract Unlawful detention is the breach of Human rights resulting in bad impact on physical health, emotional imbalance and psychological distress for the victims. In India, there are various cases of unlawful detention requiring efficient and effective compensation mechanism to redress the grievances of victims. One universally accepted method of protection of victims is the …
ABSTRACT The massive “Digital India” effort, which was introduced in 2015, has significantly changed India’s digital environment in the last few years. With this programme, India hopes to become a knowledge-based economy, empower its population, and close the digital gap. In a similar vein, regulations are also designed to accommodate the rapidly evolving digital environment. …
Technology laws: Development and growth in India Read More »
Abstract: The Domain of alternative dispute resolution (ADR) plays a significant and pivotal role in alleviating court congestion. In this paper, we delve into the different methods of ADR mechanisms, which comprise arbitration, mediation, negotiation, and conciliation. We will examine their effectiveness in resolving disputes outside the traditional courtroom setting. With a comprehensive analysis of …
Submitted By: Ishita Jain 1 Abstract This research paper undertakes a thorough investigation into the legal rights afforded to female prisoners within the intricate framework of the criminal justice system. It delves into the multifaceted layers of systemic barriers that obstruct the pathway to justice for incarcerated women, shedding light on the intricacies of gender …
Empowering Justice: Ensuring Legal Rights for Female Prisoners Read More »
Abstract This research paper examines the constitutional challenges faced by indigenous communities in India regarding tribal rights and land disputes. Despite constitutional provisions and international commitments, indigenous communities continue to encounter obstacles in protecting their ancestral lands and preserving their cultural heritage. The paper critically analyses the implementation gaps in constitutional provisions, explores the impact …
Abstract- In today’s digital age, protecting innovation through robust IPR mechanisms has become paramount. This research paper delves into the multifaceted challenges and opportunities presented by the digital landscape to IPR protection. The paper begins by elucidating the foundational concepts of intellectual property, including copyrights, patents, trademarks, and trade secrets, and their role in safeguarding …
Protecting Innovation: Intellectual Property Rights in a Digital World Read More »
Abstract This article deals with an introduction to mediation, and the necessity associated with the family law disputes to opt for mediation, as this primarily reduces the burden of the courts. Moreover, it also bring the parties to a level of calmness, and brings a possibility to resolve the disputes through an amicable manner. The …
Practical Implications of Mediation in Family Law Read More »
Abstract:- The concept of State, Statehood and State succession are intertwined and holds a crucial significance in the realm of international law. Before the 20th century, the concept of recognized sovereign states was not as clearly defined as it is today, and the number of entities considered as “recognized sovereign states” varied significantly over time …
Title of the Research paper:- Critical Analysis of the State and State Succession. Read More »
Abstract In this research paper, we delve into the realm of artificial intelligence, exploring its important role in addressing the challenges faced by the education system and what we could do better by using artificial intelligence in this advanced era. The integration of Artificial Intelligence (AI) into the education sector has held significant attention in …
Abstract : Lesbian, gay, bisexual, transgender, queer, also known as the LGBTQ community are slowly realizing the importance of their rights and are constantly fighting for it. This fight has increased considerably in the 21st century, especially in India. The reason of it is that now the people are more educated and aware about their …
Same-sex marriages and challenges with LGBTQ family law Read More »
ABSTRACT International Law in general consists of very diverse areas of law consisting of the relation of various states with each other. How they function with each other, how diplomacy works and the role of different nations geopolitically. International Law consists of various subject matters like Subjects of International Law, Sources of International Law, Relationship …
SUBMITTED BY- SUNIDHI MUSKAN ABSTRACT The Supreme Court of India in the year 2018 decriminalised Section 377 and held it as unconstitutional which stated that consensual homosexuality in private between consulting adults was a criminal and punishable offence. This law was introduced in India in the colonial-era that was at odds with modern notions of …
By- ARSALAN AZMI ASIAN LAW COLLEGE ABSTRACT This topic allows for an in-depth examination of the specific reforms introduced in India’s criminal justice system, their intended objectives, implementation challenges, and their effectiveness in reducing mass incarceration while promoting rehabilitation of offenders. India’s recent criminal justice reforms, including the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagrik Suraksha …
ABSTRACT This abstract discusses a study about protecting whistleblowers in cybersecurity, showing how it helps make society more transparent and accountable. Whistleblowing means reporting illegal activities, corruption, or bad behavior. Even though whistleblowers might face risks like losing their job or suffering mentally, not reporting can be even worse. To protect whistleblowers and encourage reporting …
LEGAL PROTECTION FOR WHISTLEBLOWERS IN CYBER SECURITY Read More »
Abstract Access to justice, a fundamental aspect of democracy and a constitutional entitlement enshrined in Article 39A of the Indian Constitution, ensures the provision of competent legal aid to disadvantaged segments, thereby fostering a fair and equitable society. However, for many individuals in India, especially those with limited financial means, navigating the legal system can …
Abstract: What is the one thing that you cannot fight an election without…? Out of various answers what really stands out is ‘money’. It’s no longer a secret that money and politics go hand in hand and it will not be an exaggeration to say that elections cannot be fought without money as well as …
ABSTRACT Online games have become a trending topic during the COVID-19 pandemic, as lockdowns confined people to their homes. The sudden and tremendous growth in online gaming has raised concerns about safety, security, and misappropriation of content by cyber threats, which increased. Additionally, the addictive nature of these games led to both physical and mental …