Research paper

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 …

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

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 …

CONFLICTS BETWEEN ARTICLES OF ASSOICIATION ANDSHAREHOLDERS’ AGREEMENT IN LAW LAND Read More »

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 …

Media Law and Social Media Influence: Ethical and Legal Boundaries Read More »

The judiciary is one of the pillars of a successful democracy and for its success, it is also important that the judicial system in a democratic country works smoothly with only the goal of justice. We live in a democratic state where the constitution safeguards the laws and rights of the people, where the rule …

Collegium System or NJAC: Which is more Desirable? Read More »

CHALLENGES AND CRAFTING SOLUTIONS IN INDIA’S ARTISTIC NFT RENAISSANCE In the kaleidoscopic landscape of India’s NFT Art Revolution, where pixels meet profits and blockchain transforms the canvas. In this ever-changing context, the battle between non- fungible tokens (NFTs) and copyright law has become a battleground for innovation and legal complexities. The study delves into a …

BYTE-SIZED MASTERPIECES: NAVIGATING COPYRIGHT Read More »

We are living in the age of science where the internet is the biggest innovation of the technological era. It said that every coin has 2 sides. Same way the internet has 2 sides good and bad. Yes, the dark web is the bad side of the internet, but here we are not talking about …

“Dilemmas of Democracy: Navigating Contempt of Court in the Era of Social Media Expression”. Read More »

In India, we can see how societal attitudes are heavily influenced by religious and cultural beliefs, and how these beliefs are deeply ingrained in their thought processes, making same-sex marriages a difficult aspect to accept in society. However, this is not the only issue; it is seen that legal and political views influence societal understanding …

Analyzing the contemporary status of Same-sex Marriages in India  Read More »

Until recently, the misuse defense did not exist in the copyright context. The existence ofmisuse as an independent defense to copyright infringement is wholly supported andjustified. From the unbiased maxim that, one who comes into integrity must do so with“clean hands” there has developed copyright actions concerning the defense of misuse. Thecurrent century will universally …

MISUSE OF PUBLIC DOMAIN AS DEFENSE IN COPYRIGHT INFRINGEMENT Read More »

Same-sex marriage in India is a topic that is very widely discussed, after the very recent case of Supriya Chakraborty and Anr v. Union of India, the case however denied the right of same-sex marriage but is this is the end of India’s forward thinking. The Indian nation has come a long way from accepting …

SAME-SEX MARRIAGE: IS INDIA’S FORWARD THINKING COMING TO AN END? Read More »

The origins of the Clear and Present Danger Doctrine, a fundamental idea for understanding the bounds of American freedom of speech and expression, are examined in this article. Justice Oliver Wendell Holmes Jr. initially developed the strategy, utilising it in his 1919 ruling in the Schenck v. United States case as a means of striking …

THE DOCTRINE OF CLEAR AND PRESENT DANGER IN CONTEMPORARY WORLD Read More »

Intellectual Property is a core asset of the fashion industry, in this study the patent and copyrightsoften undermined progress. In the recent decade Intellectual Property Rights have beenstrengthened further. Designs that are made by fashion designers can be protected by IntellectualProperty Rights. The sketch designs can be registered under copyright act, 1957. Designs can bewell …

INTELLECTUAL PROPERTYRIGHTS IN THE FASHION INDUSTRY Read More »

ARCHITECTURE AND SOCIOECONOMIC TRANSFORMATION This research paper delves into the transformative impact of the Goods and Services Tax (GST)on India’s tax architecture and socioeconomic landscape. The introduction emphasizes the crucialrole of taxation in economic prosperity and highlights the need for reforms in India’s tax system.The paper provides a comprehensive history of the GST, from its …

GST IN INDIA: UNVEILING THE PARADIGM SHIFT IN TAX Read More »

This research paper aims to provide a comprehensive study of the legality of sedition in India. Sedition, as Defined in Section 124A of the Indian Penal Code (IPC), criminalises acts that promote or incite violence, Disaffection, or hatred towards the government of India. The objective of this study is to critically examine the Legal framework …

ANALYSIS OF THE OFFENCE OF SEDITION IN INDIA Read More »

The introduction of a Menstrual Leave Policy in the workplace is essential to address the specific needs of individuals who menstruate. Recognizing that menstruation can bring about a range of physical and emotional challenges, this policy aims to provide support and understanding to employees during such times. By offering a dedicated leave allowance for menstrual-related …

Exploring the Legal and Societal Implications of Menstrual Leave Policies: A Comparative Analysis Read More »

This research paper delves into the transformative impact of the National Education Policy (NEP), exploring its multifaceted advantages in revitalizing the educational landscape. Through a comprehensive review of policy objectives, implementation strategies, and case studies, this paper aims to provide a nuanced understanding of how the NEP contributes to the enhancement of education across various …

REVITALIZING EDUCATION: UNVELLING THE BENEFITS OF THE NATIONAL EDUCATION POLICY (NEP) Read More »

his research study investigates the multidimensional evolution of Article 370 of the Indian Constitution, from the Instrument of Accession to its subsequent abrogation and the resulting post-abrogation landscape. The enactment of Article 370, which was founded in the historical circumstances surrounding the signing of the Instrument of Accession in 1947, presented Jammu and Kashmir with …

Evolution of Article 370: From the Instrument of Accession to Abrogation and Beyond Read More »

The Bilkis Bano case, arising from the heinous events during the Gujarat riots of 2002, stands as a significant landmark case in the pursuit of justice, human rights, and legal reforms within the Indian context. This abstract provides a concise overview of the case, encapsulating its historical roots, socio-legal implications, challenges faced by survivors, and …

THE BILKIS BANO CASE STUDY: IN THE CONTEXT OF THE POWER OF REMISSION UNDER CRPC, RULE OF LAW AND NATIONAL AS WELL AS INTERNATIONAL IMPACT OF THIS CASE Read More »

With the advancement of time, new technologies have emerged to assist mankind and Artificial intelligence or AI has been captured in the centre of it. Now all industries from big tech companies and automobile giants to local shopkeepers have been using AI in some form. The usage of AI is not only limited to the …

“Navigating the Future: Towards a Comprehensive Legal Framework for Artificial Intelligence in India Read More »

We are dancing to the tune of AI and its algorithms are dictating the rhythm of our world. Its increasing integration into human systems have raised questions about its impact on intellectual property rights. This paper conducts a thorough examination of safe harbour provisions in India, citing relevant cases and offering insightful suggestions. Subsequently, the …

Safe Harbour or Shifting Seas: A Critical Examination of Internet Intermediary Liability in the Era of AI Read More »

This research paper examines the nuanced relationship between taxation policies and economic growth in India. It analyses the impact of direct taxes on overall economic development by analysing their impact on disposable income, capital formation, and individuals’ saving and investment inclinations. The report also examines the Goods and Services Tax (GST) implementation as a key …

 ANALYSING THE RELATIONSHIP BETWEEN TAXATION STRATEGIES AND THEIR EFFECT ON ECONOMIC GROWTH IN INDIA Read More »

The paper aims to solve the intricacies and fine tune the concept of Corporate Veil in order to establish a relationship between the illegal concealing of money and piercing the veil. The principle of piercing veil has been incorporated from the common law during the late 1900s, through Adams v. Cape Industries plc where it …

Is Corporate Veil a shield against Money Laundering Read More »

The Companies Act 2013 marks a significant change in how businesses operate in India, especially with the rise of technology. This paper takes a closer look at how the Companies Act 2013, specifically the Turquand Rule, interacts with modern tech like smart contracts. Focusing on the concept of Indoor Management in Indian Company Law, we …

BYTE-SIZED GOVERNANCE: REVOLUTIONIZING INDIAN CORPORATE ARENA WITH SMART CONTRACTS AND BLOCKCHAIN ΤΟ TACKLE INDOOR MANAGEMENT Read More »

Artificial Intelligence (AI) is a multifaceted concept that receives varied definitions. Some characterize it as a human-created technology aimed at streamlining tasks, ensuring faster and more efficient outcomes. Others are of the opinion that AI is a technology developed by humans to enable computers and machines to function effectively. In essence, AI represents an intelligence …

ADVENT OF ARTIFICIAL INTELLIGENCE IN LEGAL FIELD: ADVANTAGES & DISADVANTAGES Read More »

The Prime intent of the research paper is examining different laws and acts, which are provided to the tribals of the country covered under the constitution of India. Research paper also goes through what impact it would have on the Lives of the community through these laws in India. The paper presents detailed exploration regarding …

TRIBAL LAWS IN INDIA Read More »

The police, the prosecution, the courts, and the administration of corrections make up thecriminal justice system. All of these system components are meant to function in unison with oneanother. The criminal justice system’s success will only be made feasible by these organsworking together harmoniously. The prosecution system, which is regarded as the mostimportant branch of …

A STUDY ON THE ROLE OF PROSECUTION IN EFFECTIVEADMINISTRATION OF THE CRIMINAL JUSTICE SYSTEM IN INDIA Read More »

Artificial Intelligence (AI) is a multifaceted concept that receives varied definitions. Some characterize it as a human-created technology aimed at streamlining tasks, ensuring faster and more efficient outcomes. Others are of the opinion that AI is a technology developed by humans to enable computers and machines to function effectively. In essence, AI represents an intelligence …

ADVENT OF ARTIFICIAL INTELLIGENCE IN LEGAL FIELD: ADVANTAGES & DISADVANTAGES Read More »

The information concerning the donkey routes that Indians use will be provided in this research report. The majority of the travellers are from Punjab, Gujarat, and they go through an intermediary who facilitates their illegal immigration. without a visa, they encounter numerous difficulties along the way. They had to deal with a lot of challenges …

POLICY FRAMEWORK FOR HUMAN MIGRATION FROM DONKEY ROUTES IN INDIA Read More »

Repealment of Indian Evidence Act, 1872 and its replacement by Bharatiya Sakshya (Second) Bill and the amendments made thereof are going to have a huge impact on our current legal system. With the introduction of technological terms in Bharatiya Sakshya Sanhita a great influence regarding technological involvement is to be resorted to. These changes were …

Bharatiya Sakshya (Second) Bill: A comprehensive analysis of the current legal system. Read More »

The proposed study aims to examine the critical significance of geographical Indications as a valuable Intellectual Property Rights which is characterized to be in its evolutionary phase . The right of Geographical Indications have successfully assumed expansion due to new advancements in the field. However , with growth of such orientation, one is also required …

Geographical Indications: The Need for Demarcative Mechanism between products qualifying as Cultural Heritage or produce of Private Entities Read More »

The dynamic landscape of cryptocurrency presents a unique set of challenges for the banking sector in India, prompting cautious regulatory measures from the Reserve Bank of India (RBI). This research paper investigates the nuanced relationship between cryptocurrency regulation banking sector resilience and the role of the Unified Payments Interface (UPI) in India through a historical …

CRYPTOCURRENCY REGULATION AND BANKING SECTOR RESILIENCE IN INDIA: A HOLISTIC APPROACH WITH A LOOK AT ON UPI AND FRAUD MANAGEMENT Read More »

Since man is a constantly inquisitive animal, he is always tempted to make discoveries to meet the new needs of life that arise. As a result, the digitized information world we live in today has been born. In Marshall McLuhanhan’s concept of the global village, the human being who searched for the new faces of …

Does the DPDP Act protect the mechanism of personal data protection in the face of artificial intelligence software? Read More »

The 1996 amendment to the Arbitration and Conciliation Act marked a significant turning point for the arbitration system in India. It aimed to revamp and improve the process, and the changes it brought have had a notable impact on the conduct of arbitration in the country. This is not only beneficial for India’s reputation as …

INDIA: Paving the way as an International Commercial Arbitration Hub Read More »

This paper will discuss and analyze the new bill recently passed in Parliament named “the press and registration of periodicals bills 2023”. The Press and Registration of periodicals Bill, 2023 (PRP Bill) is a new bill that simplifies and modernize the registration process for publications. The bill simplifies and streamlines the registration and simultaneously title assignment …

Analysis of Press and Registration of periodicals bill, 2023 Read More »

The concept of ‘Alternate Dispute Resolution’ or ADR has been persistently developing along with legal and social changes related to justice access. Defining the role of a lawyer in an Alternate Dispute Resolution is equally difficult as limiting ADR itself. Lawyers must take a proactive stance in light of the modern ADR environment, which is …

THE ROLE OF LAWYERS IN ADR: ADVOCACY AND ETHICAL CONSIDERATIONS Read More »

Divorce Rate in India is increasing day-by-day. Among several reasons behind this,empowerment of women is one of them. This research paper analyses the intricate relationshipbetween women empowerment and its consequential shift in divorce rates and traditionalsocietal norms in India. The paper analyses whether this shift is positive or negative impact ofwomen empowerment. We will discuss …

RESONANCE OF WOMEN EMPOWERMENT ON DIVORCE RATE AND INDIAN SOCIETAL NORMS. Read More »

~ Prachi Mehta This research explores the multifaceted relationship between media trials and administrationof justice. Focusing on a recent Supreme Court directive1 to address biased reporting and thesubsequent request for guidelines, the study investigates the diverse impact of media trials onjudicial decision-making. Through a comprehensive analysis, it studies legal, ethical, andsocietal dimensions, highlighting the crucial …

The Influence of Media Trials on Judicial Decision-Making: AComprehensive Analysis of Legal, Ethical, and Societal Implications Read More »

For every country’s economy, its financial market plays a most vital role. In India, SEBI (The Securities and Exchange Board of India) has been responsible for regulating the financial market. SEBI’s framework incorporates a wide spectrum of market participants, including listed businesses, stock exchanges, brokers, and investment advisers. It also works to protect the interests …

ONLINE DISPUTE RESOLUTION IN INDIAN SECURITIES MARKET Read More »

Sexual harassment posts towards devasting impacts on the athletes, their health and performance. These are more directed towards the female athletes. Sports is the place where people could exhibit their talents regardless of their background. Cases are continuously being reported, but the rate of actions, remains to be poor due to the status of person …

LEGAL IMPLICATIONS REGARDING SEXUAL HARASSMENT AT SPORTS ENVIRONMENT Read More »

Artificial Intelligence or AI has always been a topic of discussion due to its impact on human life. Initially, majority of the reasons why AI used to be in news were positive reasons, that is, those reasons which stressed on how AI has been successful in making human life more “plain-sailing” ; and no doubt, …

Deepfakes and AI Techniques: A Legal Perspective Read More »

Investigating the complex relationship between artificial intelligence (AI) and intellectual property rights (IPR), this study strikes a careful balance between addressing social consequences and promoting innovation. The backdrop highlights the growing dynamics between Artificial Intelligence and Intellectual Property Rights and clarifies their interaction. Analyzing the IPR in technology’s historical context reveals the complex evolution that …

Ethical aspects of Intellectual property rights in AI: Exploring the equilibrium between innovation and societal impact. Read More »

With the growing consensus in the world about the negative impact of human activities on the environment it becomes imperative for the government to make legislature that aims to preserve the environment and put significant restrictions on humans that deter them from undertaking any act that damages the environment. Laws play a pivotal role in …

The deleterious effect of legislative bills on the environment   Read More »

In recent decades, there has been a significant shift in the legal landscape regarding the rights of same-sex couples in adoption and divorce. The recognition of same-sex marriage and the extension of adoption rights to LGBTQ+ individuals and couples have marked important milestones in the fight for equality. However, despite these advancements, legal challenges and …

LEGAL RIGHTS OF SAME-SEX COUPLES IN ADOPTION AND DIVORCE Read More »

Adopting legislative reforms is a crucial component of legal systems around the world since it reflects changing social norms and tackles new issues. In these circumstances, the recent passing of three noteworthy bills in the Parliament of India, namely the Bharatiya Nyaya (Second) Sanhita, 2023, Bharatiya Nagarik Suraksha (Second) Sanhita, 2023, and Bharatiya Sakshya (Second) …

INDIA’S CRIMINAL LAW REFORMS: UNPACKING THE CHALLENGES BEYOND STATUTES Read More »

This study emphasises how vital it is for Indians to have better access to the legal system, especially those from lower socioeconomic backgrounds. It talks on how common poverty is throughout the nation and stresses how crucial pro bono legal services are to closing the gap. The study looks at how law schools and their …

Enhancing Legal Accessibility: The Function of Indian Law Schools and Pro Bono Legal Services Read More »

Today social media has become a widely accessible tool for everyone. Social media is at our fingertips, literally. With this power comes a lot of responsibility. Responsibility in the hands of sometimes not-so-responsible users. This duality underscores a critical concern as the line between the freedom of expression and potential legal transgressions becomes increasingly blurred …

 Impact of Social Media on Defamation and Privacy Laws Read More »

The judiciary is the third organ of the government and it has the function of interpreting the laws and to declare any law as unconstitutional.  Judicial Review is a power given to the Supreme Court or high court to check that if any law is inconsistent with the provisions of the Constitution, then such law …

JUDICIAL REVIEW AND ITS IMPACT ON CONSTITUTIONAL INTERPRETATION Read More »

A recent P.I.L. in the Supreme Court seeking the inclusion of the Chief Justice of India to the election panel of the members of the Election Commission of India has started yet another debate on the doctrine of separation of power and themes such as independence of the Election Commission from the executive. This paper …

SCRUTINISING THE BASIS OF THE PIL SEEKING INCLUSION OF CJI TO THE ELECTION COMMISSION SELECTION PANEL Read More »

A gift is something that is freely given to someone without expecting anything in return. In Islamic law, there is no distinction between personal and real property. In Muslim law, many scholars view Hiba as an absolute and unconditional transfer of title in an existing property that occurs instantaneously and without stipulation. Gifts are also …

“A STUDY ON THE LEGAL NOTION OF HIBA IN PRESENT TIME.” Read More »

This research paper explores the complex problems associated with international civil litigation, with a special emphasis on jurisdictional concerns in India. The importance of jurisdictional issues has increased in tandem with the acceleration of globalisation and the growth of international trade and litigation. The study examines the body of case law that regulates international litigation, …

Cross Border Civil Cases and Jurisdiction: Challenges and Complexities Read More »

The E-commerce platforms in the current era has tend to create a digital dominance in the market economy which in result has changed the entire dynamics of the conventional market practices along with it challenging the same. This paper tends to provide a critical analysis of the changing market dynamics of the countries after the …

DIGITAL DOMINANCE: ANALYSIS OF CONTRADICTIONS BETWEEN ANTI-TRUST LAWS PROTECTING THE MARKET PARTICIPANTS AND THE PRICE FIXING PRACTICES BY E-COMMERCE Read More »

This research investigates the surge in crime against women amid the COVID-19 pandemic, focusing on India and other countries. Beyond the evident global health threat, the pandemic has cast a grim shadow by intensifying gender-based violence. This abstract critically analyzes the connection between the pandemic and the escalation of such violence. The COVID-19[1] crisis has …

The Rise of Crime Against Women During Covid-19  ‘Shadow Pandemic’ Read More »

                                              In recent years, India has witnessed a remarkable transformation in its approach to IPR, moving from a predominantly agrarian economy to one that places a strong emphasis on innovation and creativity. This paper delves into the evolving landscape of IPR in India, discussing the key factors contributing to its growing importance, including legal reforms, …

INCREASING SIGNIFICANCE OF INTELLECTUAL PROPERTY RIGHT AND ITS TYPES IN INDIA Read More »

ACCOUNTABILITY IN INDIA Gaurav Chakrabarti, St. Xavier’s University, Kolkata “Like old clocks, our judicial institutions need to be oiled, wound up and set to true time.” –Lord Harry Woolf: Lord Chief Justice of England and Wales, June 2000 – October 2005 This paper delves into the concept and significance of judicial accountability within the Indian …

BALANCING JUSTICE: EXPLORING JUDICIAL ACCOUNTABILITY IN INDIA Read More »

In a world where private moments from medical records to passwords and DNA are on display of cyber threats has evolved beyond traditional hacking into an era where data is more valuable than precious metals This research embarks on a journey to reclaim our privacy and online safety amidst the ever expanding realm of technology. …

CYBERSECURITY AND DATA PRIVACY Read More »

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 …

Intellectual Property Rights and Online Piracy in India Read More »

In today’s world where the development of countries is drastic and all the countries are fighting for their own identity, technological development plays a major role in one country’s development and the digital economy is essential for such growth. Nowadays everyone in the country knows how to use technology which can be used for fair …

EVOLUTION AND ANALYSIS OF DIGITAL PERSONAL DATA PROTECTION ACT, 2023 Read More »

In the constantly changing field of artificial intelligence (AI) and machine learning (ML), the difficulties and complications that emerge are as varied as the uses for these technologies. The necessity for a strong regulatory framework is becoming more and more obvious as these technologies develop at a rate never seen before. Investigating the complex regulatory …

Challenges and regulations related to artificial intelligence and machine learning technologies. Read More »

This study explores the complex terrain of women’s access to abortion in India, looking at the interactions between societal, legal, medical, and financial factors. The literature study charts the development of abortion laws historically, highlighting advancements as well as ongoing implementation issues. The COVID-19 pandemic’s effects, gender dynamics, and health consequences all stand out as …

Accessibility to Abortion for Women in India Read More »

Interpretation of statutes is the key to our legal world. Interpretation is a process where the determination of law is done. In law, statutes are the main source of jurisdiction. It is a legislatively enacted law. All aspects of our legal system are regulated primarily by statutes. Statutory interpretation is an essential component of the …

THE ROLE OF JUDGES IN THE INTERPRETATION OF STATUES Read More »

A minor contract is void ab initio which cannot be enforceable. The digital age has expanded the chances and risks for kids to engage in contractual transactions, often without their parent’s or guardian’s knowledge or agreement. This raises concerns regarding the legality, enforceability, and repercussions of such contracts, as well as the need for legal …

CONTRACTS WITH MINORS: LEGAL CHALLENGES IN THE DIGITAL AGE Read More »

This research paper conducts a thorough examination of the intricate challenges posed by cybercrime in India and analyses the strategic responses implemented by the government, law enforcement agencies, and private entities. As India undergoes rapid digitization across diverse sectors, the escalation of cybercrime incidents, spanning financial frauds to data breaches, has become a pressing concern. …

Navigating the Complexities of Addressing Cybercrime Challenges in India Read More »

An inheritance tax, also known as an estate tax or death duty in some regions, is a tax imposed by the government on the assets and wealth that are transferred from a deceased person to their heirs or beneficiaries upon their death. In essence, it is a tax on the right to inherit property or …

THE GROWING DIVIDE BETWEEN THE RICH AND THE POOR: SHOULD INDIA IMPLEMENT AN INHERITANCE TAX? Read More »

This article provides an in-depth analysis of the Mediation Act, 2023, tracing its origins, and outlining its key provisions. The primary objectives of the Act include enforcing mediated settlement agreements, regulating mediator standards, promoting various forms of mediation, ensuring confidentiality, and expanding access to justice. Although the Act brings about several positive changes, it also …

EXAMINING THE IMPACT OF THE MEDIATION ACT OF 2023 ON THE LEGAL LANDSCAPE OF DISPUTE RESOLUTION IN INDIA. Read More »