Abstract The outdated idea that Permanent Establishment (PE) is based on physical location is no longer important in today’s technology-driven economy. This research paper examines the ways in which the usual PE framework fails to meet legal requirements when used for digital commerce, where multinational companies can profit from another country without leaving a physical …
Abstract The legal recognition of sexual identity and gender orientation is a cornerstone of human rights, yet its implementation varies widely across jurisdictions. This paper provides a comprehensive comparative analysis of international and Indian legal frameworks govern- ing sexual orientation and gender identity, examining their evolution, scope, and chal- lenges. Using a doctrinal and comparative …
Abstract The legal recognition of sexual identity and gender orientation is a cornerstone of human rights, yet its implementation varies widely across jurisdictions. This paper provides a comprehensive comparative analysis of international and Indian legal frameworks govern- ing sexual orientation and gender identity, examining their evolution, scope, and chal- lenges. Using a doctrinal and comparative …
Abstract India’s federal framework, as envisioned in the Constitution, seeks to harmonize the pow- ers of the Union and the States, promoting cooperative federalism in a diverse nation. This paper critically examines the historical evolution, constitutional underpinnings, and contemporary challenges of Centre-State relations in India. It explores how political, economic, and institutional dynamics have shaped …
The Evolution and Challenges of Centre-State Relations in India: A Critical Perspective Read More »
Abstract India’s unorganised sector employs over 93% of the workforce, with women constitut- ing approximately 31% (149.9 million in 2011). These women face systemic challenges, including wage discrimination, lack of social security, unsafe working conditions, and limited legal protections. This paper critically examines the legal framework governing women workers, evaluates implementation gaps, and analyzes socio-economic …
INDEX Corporate governance is the cornerstone of contemporary corporate forms, providing a framework of accountability, transparency, and justice through which firms conduct their affairs within a framework that reconciles the interests of different stakeholders. As corporations have expanded in size, complexity, and power, the frameworks of conducting their decision-making and ethical obligations have developed and …
THE EVOLUTION AND CORE PRINCIPLES OF CORPORATE GOVERNANCE Read More »
“Digital arrest is just a bluff; there is no such thing as digital arrest in Indian criminal law” The rapid evolution of technology has transformed the cyber landscape, giving rise to new and sophisticated forms of crime. The digital arrest is a new emerging menace and has gained widespread attention in present times. Digital Arrest …
ABSTRACT The main aim of legislature while enacting the “Place of Worship Act 1991” was to ensure the protection of religious harmony, freedom of religion, secularism, equality and constitutionalism in the delicate Indian society. The act have through Section 4 freeze the legal and religious status of places of worship as how it was on …
Abstract This section explores sustainable development strategies that seek to harmonize socio-economic growth with the imperative of biodiversity conservation. It focuses on three interlinked pillars: the mainstreaming of biodiversity into development planning, the implementation of sustainable land use and zoning laws, and the integration of ecosystem-based adaptation and mitigation measures into development projects. By embedding …
Reconciling Development with Biodiversity Conservation Read More »
1. Understanding FinTech and Its Components Financial Technology, or FinTech, refers to the integration of technology into offerings by financial services companies to improve their use and delivery to consumers. It encompasses a wide range of innovations in areas such as mobile payments, peer-to-peer (P2P) lending, digital banking, robo-advisory, and blockchain-based services. FinTech companies leverage …
Regulating the Future: Legal Responses to FinTech Innovations Read More »
INDEX 1.Introduction: Artificial Intelligence and Its Relevance to Indian Law 2.The Evolution of AI in the Indian Legal System 3.Key Applications of AI in Indian Law and Justice Opportunities and Challenges of AI 4.Integration in Indian Law, follow the same directions 5.Opportunities and Challenges of AI Integration in Indian Law 6.The Road Ahead: Policy, Regulation, and …
Foundations of Artificial Intelligence: Concepts and Applications in Law Read More »
In India, one student dies by suicide every 55 minutes[1], and it’s not just because of academic failure but also because of other parameters that are often ignored. Education is considered one of the most essential foundations for growth in India. However, it comes with several flaws, such as academic pressure, grade-chasing, a focus on …
Caste, Class & Campus: The Hidden Struggles of Caste-Based Reservation in Education: Read More »
1. Abstract- Dispute resolution is an important element of any judicial system, promoting justice and fairness to warring parties. The comparative analysis of Alternate Dispute Resolution (ADR) and traditional litigation is the focus of this paper, which examines their effectiveness, cost, procedural complexity, confidentiality, and enforceability. Although litigation is the pillar of judicial dispute resolution, …
Alternate Dispute Resolution vs. Traditional Litigation: Comparative Analysis Read More »
ABSTRACT Artificial Intelligence (AI) is now transforming the industry by generating creative arts, music, literature, and software in every sector. Copyright guarantees the right the creator of an original work of authorship. AI is now challenging the traditional method of Copyright, which assumes that only humans can be authors. This paper examines the legal recognition …
AI GENERATED WORK AND COPYRIGHT: WHO OWNS CREATIVITY? Read More »
Trademarks and trade dress are considered part of intellectual property rights, as they are legal protections that protect the branding and overall appearance of a particular product. A trademark includes any word, symbol, logo, combination of colours, packaging, etc. It is like a sign on the goods and one uses it to distinguish his goods …
TRADE DRESS AND TRADEMARK: A COMPARATIVE ANALYSIS OF PROTECTION AND ENFORCEMENT Read More »
ABSTRACT: This research delves into the world of the role of intellectual property rights and how it is promoting innovation and technological advancements in India. IPR plays a pivotal role in promoting innovation and technological advancements in the evolving global landscape. This research makes you understand IPR, its types, and various acts like the Indian …
ABSTRACT: With the growing emergence of Artificial Intelligence (AI), especially Generative AI in almost every sector, it has become necessary to reevaluate various legislations in order to adapt. This development has brought with it various opportunities for development along with certain challenges particularly with respect to the protection of Intellectual Property Rights more specifically the …
AI TRAINING AND COPYRIGHT: INDIAN VS GLOBAL PERSPECTIVE Read More »
Abstract The State regulation of Hindu temples has sparked a nationwide debate regarding balancing religious freedom, public interests, autonomy, financial transparency, and the preservation of spiritual and cultural heritage. A number of cases, public debates, and legislative proposals are in progress to enhance temple autonomy, create systems of accountability, and enhance their role in local …
ABSTRACT This paper investigates the recent addition of Section 69 in the Bharatiya Nyaya Sanhita (BNS), which seeks to combat the exploitation of women through deceitful marriage promises that often lead to sexual favors. By analyzing the legal necessity of this law, the study underscores its potential to shield women from manipulative tactics that prey …
Abstract The rapid proliferation of mass media platforms and the ensuing rise in both types and number of celebrities, potentially portends an increase in disputes emanating from infringement of personality rights. The increased use of AI and AI generated content can further complicate the process of adjudication in this context. The existing laws on right …
Protection of Personality Rights in India: Legal Implications and Emerging Trends Read More »
Abstract The relationship between the International Criminal Court (ICC) and state sovereignty remains a contentious issue in international law. This paper examines the impact of U.S. sanctions on the ICC, particularly in response to its investigations into alleged war crimes involving the U.S. and Israel. The sanctions, imposed during the Trump administration, were met with …
The International Criminal Court and State Sovereignty: Impact of US sanctions Read More »
ABSTRACT BY: MANNAT KAPOOR 4TH SEM, ASIAN LAW COLLEGE, NOIDA ABSTRACT Verbal agreements are legally binding in India under the Indian Contract Act, 1872, provided they meet essential elements such as offer, acceptance, consideration, and intention to create legal relations. However, enforcing verbal contracts is challenging due to the lack of written documentation, making it …
GHOSTING IN CONTRACTS: CAN YOU SUE FOR A BREACH OF VERBAL AGREEMENTS Read More »
Abstract This research paper investigates an essential but often underestimated component of the justice system: the lack of substantial legal aid services for imprisoned people. It seeks to demonstrate the extent of underutilisation of legal aid services among prisoners nationally. The main reason for this underutilisation of legal rights by the prisoners to which they …
AbstractThis research paper dives into the constitutional, legislative and social dimensions of same-sex marriage in India, focusing on the ongoing struggle for conjugal rights for queer couples. Though the decriminalisation of homosexuality in the landmark Navtej Singh Johar v. Union of India (2018) decision was a significant step toward equality, the absence of legal recognition …
Same-Sex Marriage: A Question of Conjugal Rights in India Read More »
ABSTRACT Advocates play a crucial role in upholding justice and ensuring the fair application of the law. However, in India, they often face threats, violence, and intimidation, hindering their ability to perform their duties fearlessly. The absence of a comprehensive Advocate Protection Law leaves legal professionals vulnerable to harassment, coercion, and even physical assault. This …
BALANCING JUSTICE AND SECURITY: THE NEED FOR AN ADVOCATE PROTECTION LAW IN INDIA Read More »
India loses 403 migrant worker who work in different countries from past 5 years. State labour and employee’s State insurance minister Ganesh Ram Singkhuntia said 403 migrant workers from India died in other countries 2015 to 2024. The one of the recent incident that took place in Italy. 54 years old man an Indian migrant …
Foreign embassies, ILO and migration labour lives. Read More »
Abstract As the Metaverse evolves into a fully immersive digital ecosystem, a key question arises that, Can human rights exist in a space without physical borders, sovereignty, or jurisdiction? This paper argues that virtual spaces do not constitute real territories under international law, making extraterritorial human rights obligations (ETOs) inapplicable to states. International courts, including …
The “Silent” ETOs: Can a State Be Responsible for Omissions Outside Its Borders? Read More »
ABSTRACT Most people understand law to be the tool that is used to establish order and impose regulations on the human behavior. But the ideal definition of it is “the representation of fairness and reliability”. The very purpose of it should be to ensure the protection of its subjects and uphold justice. People need to …
CONSENT IN MARRIAGE: THE LEGAL BLIND SPOT IN CRIMINALIZING UNNATURAL SEX Read More »
Abstract This study investigates the significant legal shortcomings and challenges encountered by domestic workers in India. Despite their essential role in households, these workers often face exploitation, inadequate wages, extended working hours, and a lack of legal protections. The informal nature of domestic work, combined with weak enforcement mechanisms and employer resistance, exacerbates their vulnerability. …
Challenges in Enforcing Domestic Workers’ Rights: Legal Gaps and Policy Recommendations Read More »
ABSTRACT In India, e contract was in existence since 1990, but this mode has become more popular in modern era especially after the period of Covid-19 with the government digital policies such as digital India. Globalization, modernisation and digitalisation has also acted as impetus for increasing the trend of E contract. with the increasing innovation …
Abstract The Indian criminal judiciary, rooted in the opposing Anglo -saxon model, is plagued by systemic inefficiency, corruption and outdated legal framework. Despite the presence of complex legislation, such as the Indian Penal Code (1860), Code of Criminal Procedure (1973) and the Indian evidence Act, the system is fighting with delayed courts, congested judiciary, ineffective …
ABSTRACT This research paper investigates complex relations between national formation and International Human Rights Act. It checks that to implement and protect human rights at the domestic level, affect the development and development of international human rights norms, how the alliances serve as important equipment. The paper analyzes various methods that include the formation of …
THE ROLE OF CONSTITUTIONS IN INTERNATIONAL HUMAN RIGHTS LAW Read More »
SUPPORT SYSTEMS UNDER THE POCSO ACT Abstract Protection of children from sexual offenses (POŠSO) is a decisive legal framework in India, which in India will provide rights and well -being for children who have survived a sexual offense. The law, which recognizes the deep and lasting impact of these crimes, provides comprehensive legal mechanisms to …
ABSTRACT The supreme law of the land ‘THE INDIAN CONSTITUTION’ doesn’t recognize and give it’s citizens the “Right to die” or “To take one’s life but due to the rising of crimes against the humanity in the recent time due to modernization, globalization, liberalization, increase in socio- economic disparities, discrimination and these days greed has …
DEATH PENALTY AND IT’S EVOLUTION IN INDIAN LEGAL SYSTEM: A CRITICAL STUDY Read More »
Constitution of India is the fundamental law governing the nation. Understanding the interpretation of the language used in the Constitution is essential for adapting the legal system to societal needs and is crucial for safeguarding the individual rights and freedom. Since 1950, Supreme Court of India has addressed substantial questions of law regarding Constitutional interpretation, …
Abstract The application of the death penalty has long been a subject of debate, particularly concerning gender disparities in sentencing. This study explores whether women receive leniency in capital punishment cases compared to men, analyzing judicial trends, societal perceptions, and legal frameworks. Through an examination of case law, sentencing patterns, and empirical data, the research …
Gender Bias in Capital Sentencing: Do Women Receive Leniency in Death Penalty Cases? Read More »
Abstract Dying declarations is an exception to the general rule against Hearsay. The Indian Evidence Act does not explicitly define the term “dying declaration.”This article explores dying declarations an examination of statutory provisions and judicial precedents, focusing on their examination of statutory provisions and judicial precedents in Indian courts. The principle behind Section 32(1) of the Evidence …
DYING DECLARATIONS: AN EXAMINATION OF STATUTORY PROVISIONS AND JUDICIAL PRECEDENTS Read More »
ABSTRACT The business of sports is now a multi-billion-dollar international enterprise where the rights to intellectual property are fundamental for brand reputation, commercial success, and legal action. Trademarks are priceless assets for sports teams, leagues, and athletes that enable them to create and safeguard their distinct identity and stop illegal commercial exploitation. The business of …
ABSTRACT This research will discuss the legal study about freedom of speech against hate speech. the constitution provides some fundamental rights to Indian citizen. To maintain the dignity among state and citizen. The provision under Article 19 in Indian constitution provides some basic fundamental rights in which Article 19 sub clause (a) discusses freedom of …
Freedom of Speech vs. Hate Speech: A legal Perspective Read More »
ABSTRACTEnvironmental protection is an imperative for sustainable development and the survival of human beings. Not only it is the question of the living system of the very Earth but its existence. The Indian Constitution, through judicial interpretations and provisions thereof, has created a strong legal framework for protecting the environment. This paper analyses constitutional provisions, judicial precedents, legislative acts, and amendments shall serve as the foundation of environmental jurisprudence in India. The paper also identifies historical developments, leading judgments, and challenges and proposes some improvements for proper environmental governance. 1.INTRODUCTIONProtection of the environment is a necessary component of governance, …
Abstract: Life is a precious gift, though not everyone receives it well. Few people take this extreme step of suicide commitment wherein a person takes away his own life. But not everyone is successful in such attempts, suicide itself is not punished but the attempt, abatement and assisting suicide is punished in many parts of …
Decriminalization of attempt to suicide in the light of Mental-Healthcare laws in India. Read More »
ABSTRACT This study explores how the Guardians and Wards Act of 1890 should be interpreted and used, focusing on support for youngsters in current custody issues. Although the statute specifies the statutory requirements for selecting parents and their responsibilities, it does not mention financial support to promote child welfare. Despite the lack, the paper contends …
Abstract: The internal strife within the country greatly jeopardizes the nation’s stability, governance, and constitutional order. The phenomenon of the Manipur conflict showcases unresolved ethnic clashes, poor governance, and defined legal ambiguities concerning internal disturbances. This work seeks to understand the role of the state and of the Union government in maintaining order and law …
Abstract This paper explores the legal complexities of fraudulent trading during voluntary liquidation, focusing on the implications for corporate governance and creditor protection. It examines legislative frameworks, key case laws, and the challenges in proving fraudulent intent. The study compares Indian laws with international practices and suggests reforms to strengthen corporate accountability. Keywords Fraudulent Trading, …
ABSTRACT Energy security and the shift to renewable energy sources are two of the most pressing global issues, and growing economies like India’s face them directly. As India pushes toward clean energy adoption to combat climate change, it must also secure reliable energy supplies to meet the growing needs of its population and economy. This …
ABSTRACT The research paper is about Spoil System and it is the misuse of power by a government of an authority by biasing the employment opportunity. This research paper discusses the main attributes of Spoil System in correspondence to the political situation prevailing in INDIA and cites the references to other such countries where similar …
ABSTRACT This research paper examines adolescent relationships and legality of sexual relations arising out of them under POCSO act and international child protection laws emphasizing the criminalization of consensual relationships. This paper further understands how different countries perceive and regulate adolescent relationship and the influence of cultural factors on legal framework while also examining its …
Exclusive territorial agreements adversely affect the competition in the market, as well as the market entry in certain cases. This research article examines the evolving judicial trends on exclusive territorial agreements in vertical restraints, focussing on judgments given by the Competition Commission of India (hereinafter called as ‘CCI’). Through a case-based analysis, this paper delves …
By: G. Harini 4th Year B.A.L.L.B., Government Law College, Theni. Abstract: The regulation of drugs and cosmetics in India is crucial in ensuring public health by maintaining product safety, efficacy, and quality. Despite the Drugs and Cosmetics Act, of 1940, and subsequent amendments, the regulatory framework faces persistent challenges such as the prevalence of spurious …
ABSTRACT Public Nuisance, Is A Tortious Liability or Criminal Liability? Has Remained Mystery, Suffering from Its Schizophrenic Nature As Both Crime And Civil Action; the law of public nuisance is in some aspects uncertain and ill-defined, this acknowledges the complexities and ambiguities in the legal framework. This paper enlightens the topic with the help of …
FROM ANNOYANCE TO OFFENCE: THE SHIFTING SANDS OF PUBLIC NUISANCE Read More »
ABSTRACT: In contract law, mistakes and misrepresentations can significantly affect the validity and enforceability of agreements. This paper provides a detailed examination of the concept of unilateral mistake on the formation of contracts as outlined in the Indian Contract Act, 1872. This paper explores the legal principles governing unilateral mistakes, the judicial approach in common …
EFFECT OF UNILATERAL MISTAKE ON THE FORMATION OF CONTRACTS Read More »
Abstract The European Union directive on the digital single market aims to address ongoing concerns regarding online content and media. The directive seeks to promote innovation, protect the interests of creators, and establish a balance among the various stakeholders involved. By clarifying responsibilities, the EU aims to create a more transparent and accountable digital environment. …
Abstract This article examines police brutality through the lens of international human rights frameworks, assessing their effectiveness in regulating law enforcement’s use of force. Using a qualitative legal methodology, it analyzes key instruments such as the International Covenant on Civil and Political Rights (ICCPR) and the European Convention on Human Rights (ECHR) to explore principles …
Use of Force by Law Enforcement: Evaluating Human Rights Frameworks on Police Brutality. Read More »
ABSTRACT It digs deep into the different legal and regulatory issues surrounding sports development, specifically emphasizing key areas like governance, rights for athletes, commercialization, anti-doping practices, and development of infrastructural systems. International organizations, for example, the role of FIFA, as well as the International Olympic Committee, determine how these factors can impact sports law within …
ABSTRACT – The Indian Aviation Industry has experienced rapid growth in recent years, driven by increasing demand for air travel and cargo services. However, this growth has also highlighted the need for a comprehensive and effective regulatory framework to govern the industry. This paper provides an in-depth analysis of Indian aviation law, tracing its evolution …
Introduction In surrogacy, a woman, referred to as the surrogate, bears and gives birth to a child on behalf of a different person or couple, known as the intending parents. Those who are unable to conceive naturally because of infertility, certain medical disorders, or certain health hazards related to pregnancy usually seek this arrangement. There …
Regulating Surrogacy in India: A Legal and Ethical Enquiry Read More »
Abstract The research paper explores the impact of political and ideological attacks on the effectiveness of prioritization models in India’s legal aid services. It highlights the financial constraints and operational challenges faced by legal aid, which are crucial for ensuring justice for marginalized groups. The study also discusses the negative effects of resource rationing, funding …
Table of Contents S. No. Content Page No. 1 Facts 1 2 Issues Raised 2 3 Contentions 3-6 4 Rationale 7-8 5 Defects of Law 9 6 Inference 10 7 References 11 FACTS ISSUES RAISED P.S. Narasimha J. reframed the above issues as: Whether an arbitration agreement’s appointment process, which allows an interested person (w.r.t …
RIGHTS IMPLICATIONS. ABSTRACT In today’s era cyber security plays a very major role in the development of the society. Where data has become a sensitive information which can be easily access by anyone in the public domain. With the exponential increase in internet user has led to major issue of “right to privacy”. Whereas India …
“SECURING DIGITAL INDIA: CYBERSECURITY MEASURES AND HUMAN Read More »
Abstract This paper explores the challenges and adaptations of intellectual property (IP) laws in response to advancements in digital technology. It examines key legislative changes, landmark cases, and the impact of globalization on IP enforcement. The paper also proposes strategies for harmonizing IP rights across jurisdictions while balancing innovation and public interest. Keywords : Intellectual …
Title: The Evolution of Intellectual Property Rights in the Digital Age Read More »
The method of doctrinal legal research, comparative and analytical, is used by the study for the purpose of inquiring into the legal framework controlling Powers of Attorney (POA) in India. The present research focuses its attention on a statutory analysis of the Powers of Attorney Act 1882 as well as similar laws, followed by a …
Title: Legal Requirements for Executing a Valid Power of Attorney Abstract Read More »
ABSTRACT Healthcare serves as the Backbone of public well-being in any society. It is an organized pattern of broad services that aims to improve health of a person by preventing, diagnosing, or ameliorating a disease. Nonetheless, the healthcare sector’s ability to achieve its goal of enhancing health through prevention, diagnosis, and treatment is severely hindered …
Shreya Sriram ABSTRACT The decriminalisation of begging in India has provoked great debates concerning the implications it carries for human rights, social justice, and the role of the state in addressing poverty. Historically, begging has been treated as a criminal offence, but that approach does not seek to address the systemic causes of poverty and …
Decriminalising Begging in India: A Shift Towards Social Justice and Rehabilitation Read More »
The Indian Constitution, as a beacon of equality and justice, enshrines the principles of equality and non-discrimination through Articles 14 1 and 15 2 . These provisions guarantee equal protection under the law and prohibit discrimination on the basis of sex, among other grounds, while allowing affirmative measures to promote women’s welfare. Over the decades, …
Constitutional Justice for Woman: The Role of Article 14 & Article 15 Abstract Read More »