Research paper

Why Lawyers are not under Consumer Protection Act: Consequences and After-effects of Bringing them under the Act

This paper delves into the contentious issue of bringing lawyers under the purview of the Consumer Protection Act (CPA), examining the potential consequences and after-effects of such a move. The discussion navigates through the intricate legal landscape, exploring the implications for both legal practitioners and consumers. Through a comprehensive review of existing literature and a …

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ONLINE DISPUTE RESOLUTION(ODR): AN EMERGING PLATFORM

This study delves into the evolution, variations, advantages, challenges, and legal frameworks associated with Online Dispute Resolution (ODR). Enabled by Information Communication and Technology (ICT)ODR offers a streamlined avenue for resolving disputes through online mechanisms such as mediation, arbitration, and negotiation. From its initial stages in the 1990s to its current prominence, ODR has witnessed …

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Differential Impacts and the Right to Life: Climate Litigation for Vulnerable Communities

A basic human right, the right to life is disproportionately threatened for disadvantaged groups by climate change. The disparity between these communities’ lived circumstances and their right to life, with a focus on how their vulnerability is increased by scarce resources, ineffective government, and a disdain for cultural knowledge. After that, it looks at using …

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POTENTIAL OF ARTIFICIAL INTELLIGENCE IN FORENSIC SCIENCE

Hours of struggle, stressed and tired mind, and fear of errors, all replaced by the Artificial Intelligence. Within a snap of time, with every minute and precise detail, the Artificial Intelligence smoothly generates the outcome. Artificial Intelligence, these days are trusted and often used to treat complex problems and not only the complex ones but …

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PROSTITUTION IN INDIA THROUGH A SOCIO-LEGAL PRISM

ABSTRACT Prostitution in India, being a multifaceted socio-legal issue, impacts numerous facets of society, including morality and law. This research paper attempts to provides a detailed assessment of prostitution through a socio-legal lens, highlighting the obstacles that sex workers face and evaluating changing opinions on the industry. The study investigates into the underlying reasons of …

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“Federalism and Fiscal Discipline: Examining Borrowing Limits Imposed by the Centre”

Kaustubh Balaji, third year B. Com. LL. B, School of Law SASTRA Deemed to be University, Thanjavur, Tamil Nadu, India. Abstract: The present research explores the constitutional elements of fiscal federalism with a particular emphasis on the implications of the Centre’s imposition of borrowing limitations on state governments’ financial management. This paper examines the convoluted …

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Introduction of Community Service as a Punishment in India: Bhartiya Nyaya Sanhita Reforms

ABSTRACT Community service punishment is a legal sanction in which individuals convicted of certain offences must perform unpaid community service as restitution or rehabilitation. Instead of serving time in jail, offenders are assigned tasks such as cleaning public areas, assisting charitable organisations, or participating in other community-oriented activities. This form of punishment seeks to instil responsibility, …

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BALANCING JUSTICE AND HARMONY: THE JUDICIAL STANCE ON MEDIATION IN MATRIMONIAL DISPUTES 

ABSTRACT-  Marriage and family are crucial support points in the texture of any society. Marriage, being the foundation of cultural construction, has generally given soundness and intelligibility to networks. In the interim, the family comprises society’s littlest yet most essential unit. Sadly, the honesty of families is progressively under strain because of increasing paces of …

BALANCING JUSTICE AND HARMONY: THE JUDICIAL STANCE ON MEDIATION IN MATRIMONIAL DISPUTES  Read More »

ASSESSING THE CONSTITUTIONALITY OF COMPULSORY HIV SCREENING IN PRISON POPULATION

ABSTRACT Health is a fundamental human right, regardless of what state the citizen is , whether the citizen is incarcerated or not. The importance of the right to health has been time and again emphasised by various international organisations and also been recognised through various judicial pronouncements by our Hon’ble Court.The health of prisoners is …

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Legal Recognition and Protection of Cohabiting Couples: Evaluating the Case for Mandatory Registration of Live-in Relationships in India

Abstract This research paper delves into the discourse surrounding the proposal of mandatory registration for live-in relationships in India. Live-in relationships, once considered taboo, are increasingly prevalent in Indian society, prompting discussions on legal frameworks and social norms. This paper examines the rationale behind mandatory registration, its potential impact on individuals and society, and the …

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“Corporate Altruism or Strategic Necessity? A qualitative study of  CSR integration in organisational DNA”

Abstract Modern times have resulted in shifts being observed in various spheres of society, one of them being in the way companies function. Now, companies cannot solely prioritise profit maximisation as accountability and conduction of activities in a manner that is socially responsible are the needs of the hour given the current various crises the …

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FROM TWEETS TO VERDICTS: ANALYZING SOCIAL MEDIA’S ROLE IN LEGAL DECISION MAKING

ABSTRACT:  This paper delves into the profound impact of social media on legal decision-making, highlighting its role in shaping public opinion, influencing legal proceedings, and raising awareness. It discusses how platforms like Twitter, Facebook, and Instagram have become integral to daily life, facilitating real-time communication and the sharing of information. The evolution of social media …

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Corporate Social Responsibility and Legal Compliance

Abstract As corporations become more aware of their responsibility to uphold the law and contribute to societal well-being, Corporate Social Responsibility and legal compliance become essential elements of modern commercial operations. This abstract investigates the relationship between legal compliance and corporate social responsibility (CSR), focusing on how businesses manage the intricate web of social and …

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Protection of innovation in the digital space: A look at the intellectual property right in the cyberspace.

Abstract: The internet, a boundless digital frontier, has revolutionized how we create, share, and consume information. However, this very freedom presents a unique challenge: protecting intellectual property (IP) rights in the vast, intangible space of cyberspace. Navigating this intricate landscape requires understanding the evolving nature of IP. Traditional frameworks, designed for physical goods, struggle to …

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AI-GENERATED REALITIES: THE LEGAL IMPLICATIONS OF DEEPFAKES

Abstract This research paper delves into the pervasive and evolving challenges posed by deepfake technology, exploring its implications on individuals, society, and legal frameworks. It discusses the blurred lines between reality and manipulation, highlighting the accessibility of deepfake tools to both skilled and unskilled individuals. The paper emphasizes the multifaceted threats, from manipulating individuals for …

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Impact of UCC on Uttarakhand’s Social Fabric 

Abstract The Uniform Civil Code (UCC) has been the centre of controversy in India. People who campaign for implementing UCC focus on legal uniformity and gender justice. However, its opponents are concerned about cultural diversity and religious freedom. Uttarakhand is known for its diverse population and dazzling cultural legacy. This paper, however, aims at, first, …

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EXECUTION BY NITROGEN HYPOXIA

ABSTRACT-Euthanasia is a process aimed at ending a person’s suffering. It is essentially about ending lifewith suffering, especially for the patient. Euthanasia is made up of two Greek words: “Eu”meaning good, “Thanatos” meaning death. It basically works by inhibiting the cardiovascularand respiratory systems. Now, this article will basically highlight the recent death due tonitrogen hypoxia …

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UNSEEN LABOUR, INVALUABLE CONTRIBUTION: HOME-MAKERS COMPENSATION IN INDIA

ABSTRACT:  The oppression of women seems to be anachronistic. This is false to a considerable extent in the contemporary era as well. While a majority of the decisions in an Indian household are taken by the homemaker, her position can be described as more of a coordinator of finances, nutrition, health, societal interactions, and familial …

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BHARATIYA NYAY SANHITA: DECOLONISING OR REINFORCING COLONIAL IDEAS?

ABSTRACT This paper critically examines the Bharatiya Nyay Sanhita, a proposed contemporary legal framework in India, through the lens of decolonization and its potential impact on perpetuating colonial ideologies within the Indian legal system. Drawing on historical contexts and contemporary debates, the study investigates the foundational principles, proposed reforms, and socio-political implications of the Bharatiya …

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BEYOND PAYMENTS: EXPLORING THEPOTENTIAL RISKS ASSOCIATED WITH PAYTM’SBROADER ECOSYSTEM OF FINANCIAL SERVICES IN THIS FORMAT

ABSTRACTIndia’s digital payments giant, Paytm, has transcended its roots, building a vast financialservices empire spanning wealth, loans, insurance, and more. While this expansion unleashesexciting possibilities, shadows lurk beneath the surface. This paper unveils the potential risksassociated with Paytm’s diversified ecosystem, focusing on data privacy breaches, regulatorypitfalls, systemic instability, consumer vulnerabilities, and interconnectedness threats. Divedeep with …

BEYOND PAYMENTS: EXPLORING THEPOTENTIAL RISKS ASSOCIATED WITH PAYTM’SBROADER ECOSYSTEM OF FINANCIAL SERVICES IN THIS FORMAT Read More »

THE MULTI-CRORE SKILL DEVELOPMENT SCAM OF ANDHRA PRADESH

ABSTRACT On 9th September 2023, the CID (Crime Investigation Department) alleged that the former Chief Minister of Andhra Pradesh N. Chandrababu Naidu was the main instigator and “accused no 1” in the skill development scam amounting to ₹371.00 crore, which took place in 2014. The CID alleged that the government order was issued on the …

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Decrypting Rule 4(2) IT Rules 2021- Through the Eyes of the constitution 

ABSTRACT This research paper focuses on Rule 4(2) of the IT Rules 2021, and how its imposition impacts the fundamental rights of the citizen and the intermediary. It also focuses on the government’s point of view on how imposing rule 4(2) will provide a safe and secure platform and fulfil the objective which is to …

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E-CONTRACTS: LEGAL VALIDITY OF ELECTRONIC SIGNATU

With the growth of E-commerce in India, E-Contracts are also growing exponentially, bringing forward the consequent legal implications along with such growth. E-Contracts, simply put are agreements that are digitally or electronically executed. E-Contracts have different forms like Click wrap agreements, Browse Wrap agreements and Shrink Wrap Contracts.  The same essentials of standard contracts are …

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“IMPACT OF COVID-19 ON HEALTH & LIFE INSURANCE”A CRITICAL ANALYSIS UNDER THE INDIAN CONTEXT

The COVID-19 pandemic indeed had a significant impact on various countries, including India. The healthcare sector faced immense challenges and required substantial investments to effectively manage the crisis. India, being a financial hub with global connections, experienced economic disruptions due to the pandemic. The Indian healthcare system had to respond swiftly and efficiently to combat …

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EMERGENCE OF SECTION 91 OF CRPC IN THE LIGHT OF SECTION 202 OF CRPC

Roshni KhatriAmity University, Noida ABSTRACT This paper critically explores the application of the Indian Evidence Act, section 10, and the CrPC, sections 91 and 202, in evidence collection from the accused, scrutinizing the admissibility of documents held by individuals implicated in criminal activities. It discusses a notable minority viewpoint by Justice Das Gupta, focusing on …

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GENDER AND LEGAL DISCOURSES

This research paper delves into the intricate relationship between gender and legal discourse,with a specific focus on the development of gender-responsive policies and language. Thepaper aims to critically analyze the existing legal frameworks and language used in policyformulation and to propose strategies for creating more inclusive and gender-sensitiveapproaches. By examining the impact of language and …

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“Climate Justice Tribunals and How they use ADR mechanism”

Abstract: The climate justice Tribunals are now adopting and implementing these various ADR methods, enabling it to play a vital role in assessing their efficiency from the perspective of the stakeholders. This study is trying to focus on how these affected communities, corporations, and governments are seeing these tribunals’ ability and capability to settle and …

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TOPIC: ROLE OF POLICE UNDER POCSO CASE OR JUVENILE JUSTICE ACT

SUBMITTED BY: AYANTIKA DAS STREAM: BBA-LLB(H) DATE OF SUBMISSION: 15.02.24 TABLE OF CONTENT 1.ABSTRACT32.KEYWORDS33.INTRODUCTION44.RESEARCH METHODOLOGY55.RESEARCH QUESTIONS66.6.16.26.3HYPOTHESISISSUE – 1ISSUE – 2 ISSUE – 3 7-87.SUGGESTIONS OR RECOMMENDATIONS9-108.CONCLUSION119.BIBLIOGRAPHY12 ABSTRACTThe Juvenile Justice Act, 2015 establishes Special Juvenile Police Units to protect children, but negligence exists in treating privileged children differently and disregarding POCSO Act 2012. India has the world’s largest …

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DEMYSTIFYING COPRIGHTS IN CYBERSPACE: A GUIDE TO PROTECTING YOUR INTELLECTUAL PROPERTY ONLINE

ABSTRACT- Cyber-crimes are booming around the world. Despite its success in regulating cybercrime, India’s Information Technology Act (IT Act) has a critical blind spot: intellectual property (IP) protection. This omission is alarming as online infringement of copyrights, trademarks, and other IP rights is rampant. Existing laws like the Copyright Act and Trade Marks Act, designed …

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HARMONIZING PERSONAL LAWS: A COMPREHENSIVE STUDY OF THE UNIFORM CIVIL CODE IN INDIA.

ABSTRACT  India, as a nation is characterized by cultural diversity, it has historically operated under distinct laws tailored to various cultures and religions which have been around since the British colonial era. A periodic necessity for legal reforms arises that is where the uniform civil code comes in. UCC emerges as a vital proposition within …

HARMONIZING PERSONAL LAWS: A COMPREHENSIVE STUDY OF THE UNIFORM CIVIL CODE IN INDIA. Read More »

“Genetic Engineering Innovations: Navigating Patent Law in Biotechnology forCRISPR-Cas9 and Beyond”

Abstract Genetic engineering has ushered in a new era of biotechnological developments, with CRISPR-Cas9 technology at the forefront. This paper investigates the complex relationship between patent law and genetic engineering breakthroughs in the biotechnology industry, focusing on CRISPR-Cas9 and its ramifications. This paper discusses the opportunities and challenges faced by stakeholders in safeguarding intellectual property …

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FAMILY LAW AND ASSISTED REPRODUCTIVE TECHNOLOGIES : THE ACT AND ITS IMPLICATIONS 

Abstract  The Assisted Reproductive Technology ( Regulation ) Act  2021 was introduced in Lok sabha on 14th september 2020 . After a thorough analysis the standing committee released its report on 19th march 2021 . The act was then passed during the winter session on 1st december 2021 by the minister of health and family …

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CORPORATE SOCIAL RESPONSIBILITY AND ITS IMPACT ON CORPORATE PERFORMANCE

“Corporate social responsibility” (CSR) talks about how firms operate to use social, environmental, and economic initiatives to improve society as a whole. It is also known as social performance, sustainable responsible business, corporate conscience, or corporate citizenship. The long-term economic success of society is essential to the survival of business. CSR is not a novel …

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Protection of Indigenous Knowledge within Intellectual Property Right Framework

India is a place where traditional knowledge is present in abundance and it is the need of the hour to protect the rights of local people who shed their blood and sweat to make and protect it. Big companies and multinational companies are trying continuously to exploit the local people to earn huge profits.  The …

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Title: Intellectual Property Rights and Online Piracy in India

This study examines the ever-changing field of intellectual property rights (IPR) and the growing problem of internet piracy in India. The digital environment is expanding at a rate that presents previously unheard-of difficulties for intellectual property enforcement and protection. The research explores the legal frameworks that oversee intellectual property in India, highlighting the shortcomings and …

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Impact of Menstrual Leave Policy on a Woman’s career trajectory and Gender Equality

Mensuration, a symbol of womanhood, is a biological process experienced almost by all women and is often associated with various ailments like profound pain, nausea, exhaustion, and vomiting. For decades, this process has never been given the regard it deserves. Furthermore, women have been exploited in all sectors without any consideration of risks towards their …

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PRVENTIVE DETENTION LAWS: BALANCING STATE’S FUNCTIONS AND INDIVIDUAL RIGHTS

This research delves into the development and constitutional implications of laws pertaining to Preventive Detention in India shedding light on their origins during the colonial era and their relevance today. By examining Article 22 of the Indian Constitution this study analyzes the safeguards and loopholes embedded within it revealing potential threats to individual freedoms. Through …

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ANALYSING THE HUMAN RIGHTS IMPLICATIONS IN THE BILKIS BANO CASE

“Rape is, to me, no different than murder. It kills a part of the victim’s soul.” ~Jonathan Maberry The research paper explores the consequences of the Bilkis Bano case for human rights, highlighting the complex interactions between legal, societal, and human rights factors. The study decodes the origins of non-consensual acts by analyzing rape as …

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Constitutional Challenges in Indian Aviation Laws: Unruly Passengers and Fundamental Rights

This study provides a thorough examination of the legal structure that oversees aviation in India, including new issues pertaining to disruptive passengers and the related constitutional implications. The legal framework regarding aviation includes bilateral treaties that regulate air transport services as well as international accords like the Chicago, Montreal, and Tokyo conventions. This paper highlights …

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UNDERREPRESENTATION OF WOMEN IN POLITICS IN DEVELOPING COUNTRIES WITH REFERENCE TO INDIA 

Why are women underrepresented in politics? And how does it matter? Inclusiveness and empowerment of women are essential not only for human existence but also for flourishing democracy in a country. They are underprivileged and underrepresented in the political systems, which are considered to be playgrounds for men only, despite having nearly half the population …

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Impact of Menstrual Leave Policy on a Woman’s career trajectory and Gender Equality

Mensuration, a symbol of womanhood, is a biological process experienced almost by all women and is often associated with various ailments like profound pain, nausea, exhaustion, and vomiting. For decades, this process has never been given the regard it deserves. Furthermore, women have been exploited in all sectors without any consideration of risks towards their …

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ANIMAL WELFARE BOARD OF INDIA v. UNION OF INDIA

On May 18, 2023, a 5-judge Constitution Bench of the Supreme Court, comprising Justices KM Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy, and CT Ravikumar, upheld the constitutional validity of amendments made by Tamil Nadu, Karnataka, and Maharashtra to the Prevention of Cruelty Act, 1960 (PCA Act). These Amendments allowed for the constitution of traditional …

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LIMITED LEGAL RECOGNITION OF GENDER IDENTITY

In the wake of India’s long-awaited decriminalization of homosexuality in 2018, the shadow of Section 377 has not fully dissipated. While the legal shackles are gone, LGBTQ+ individuals continue to navigate a terrain fraught with social stigma, discrimination, and violence. This paper delves into the lived experiences of the community, drawing from empirical data and …

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OVERVIEW OF CHILD ADOPTION IN INDIA AND LAWS GOVERNNING IT

The paper aims to present a comprehensive review of the laws surrounding adoption.  Adoption offers homeless, illegitimate and abandoned children an opportunity for family life in their best interests. Without it, such unfortunate children are often subjected to human trafficking, child labour and sexual violence. Through adoption they can find a loving home with parents …

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TRADEMARK PROTECTION OF BRANDS

Significance of trademarks are that they differentiate one brand from another brand and helps thecustomer in making purchase decisions. The research paper aims to provide a detailedcomprehensive analysis of trademark protection of brands. By examining the registration processof trademark, cases related to trademark protection, this study highlights the significance oftrademarks and how brands trademark can …

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Corporate Frauds: An Analysis of the Applicability of Foss v. Harbottle Rule in India

By-Ms. Aditi Poddar Fourth-year student of B.COM-LLB (Hons)Studying at St. Xavier’s University, Kolkata. 1 TABLE OF CONTENTS ABSTACT: 3KEYWORDS: 3INTRODUCTION: 3RESEARCH METHODOLOGY: 5RESEARCH QUESTIONS: 5LITERATURE REVIEW: 5THE MAJORITY RULE IN INDIA: 6RELEVENCY OF THE FOSS AND HARBOTTLE RULE IN INDIAN CONTEXT: 8CONSTITUTIONAL PROTECTION PROVIDED BY THE COMPANIES ACT, 2013: 9EXCEPTIONS TO THIS FOSS AND HARBOTTLE …

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CONFLICTS BETWEEN ARTICLES OF ASSOICIATION ANDSHAREHOLDERS’ AGREEMENT IN LAW LAND

Within the context of Indian corporate laws, this paper explores the complex legal issuessurrounding the differences between shareholders’ agreements (SHA) and articles ofassociation (AOA). These founding papers are essential in forming the corporate governanceframeworks, and their disagreements have been a major source of debate in the legalcommunity. This paper first examines the historical development and …

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Media Law and Social Media Influence: Ethical and Legal Boundaries

This research paper unfolds the intricate dynamics of media, especially social media influence, and its ethical and legal boundaries in today’s world through the prism of law and ethics shedding light on the profound impact of technology. This paper endeavors to elucidate the nuanced interplay of law and ethics with the ongoing digital media.  The …

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