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The Legal Framework Governing Securities Contracts And Derivatives In India: Investor Protection, Contractual Enforceability And Financial Market Stability
Saba Saif ABSTRACT India's securities and derivatives markets operate within a layered legal framework combining the Securities Contracts (Regulation) Act, 1956, the Securities and Exchange Board of India Act, 1992, regulations issued by the Securities and Exchange Board of India, exchange and clearing-corporation rules, and general principles of contract and insolvency law. This paper examines how that framework addresses three interconnected objectives: protecting investors
IJLLR Journal
4 hours ago1 min read
Reforms In India's Model Bilateral Investment Treaty (BIT): Balancing Foreign Investor Protection And State Sovereignty
Saba Saif ABSTRACT India's 2015 Model Bilateral Investment Treaty marked a significant recalibration of the country's investment policy by narrowing substantive protections, conditioning investor-State dispute settlement, and expressly preserving regulatory space. The model emerged against the background of a growing global debate over the effect of investment treaties on governmental policy choices and India's experience with investor-State disputes. This paper examines whet
IJLLR Journal
5 hours ago1 min read
Judicial Precedents As A Tool Of Legal Research: A Critical Analysis Of The Interpretation And Development Of Law In India
Saba Saif ABSTRACT Judicial precedent is both a source of law and a methodological instrument through which legal researchers identify, interpret and evaluate the development of legal principles. In India, the constitutional recognition of precedent is principally reflected in Article 141, under which the law declared by the Supreme Court is binding on all courts within the territory of India. The precedential method, however, extends beyond merely locating a case that appear
IJLLR Journal
5 hours ago1 min read
Coercion And Constitutional Safeguards: Preventive Detention Under Article 22 And Forced Labour Under Article 23
Tuba Khusro, BA LLB, Manikchand Pahade Law College, Maharashtra ABSTRACT This paper studies preventive detention under Article 22 of the Constitution of India and sets it beside Article 23, which prohibits trafficking, begar, and other forms of forced labour. It asks whether the Article 22 safeguards, as interpreted by the Supreme Court, constrain executive detention without trial, and what Article 23 adds to an account of constitutional protection against coercion. The metho
IJLLR Journal
5 hours ago1 min read
Who Watches The Watchers? Institutional Investors, Corporate Power And Accountability In IT Sector
Ekta Sanganeria, Amity University, Kolkata Executive Summary Modern corporate governance depends heavily on investors to shape how managers act. These big financial groups hold a lot of power over multinational companies. There is very little oversight over how they use that power. The information technology sector adds complexity because of its fast growth and global reach. This study looks at the rules that are meant to hold institutional investors accountable in tech firms
IJLLR Journal
5 hours ago2 min read
From Stubble To Sustainability: Reforming Crop Residue Waste Management In North India
Rizul, University of Delhi ABSTRACT In the winter months of October to December, a recurring environmental and public health crisis is being witnessed in North India since last few years. The issue largely involves in-situ burning of the residue of paddy crop which contributes significantly to soil degradation, greenhouse gas emissions, air pollution which in turn adversely affects millions of people across the Indo- Gangetic Plains and the National Capital Region of Delhi. C
IJLLR Journal
5 hours ago2 min read
Disproportionate Administrative Action In Cyber Financial Fraud Investigations: An Analysis Of Blanket Bank Account Freezes Vs. Disputed Amount Liens Under Section 106 BNSS
Adv Aditya Nanhoriya, National Forensic Sciences University Under Ministry of Home Affairs Introduction As digital payments have surged in India, the instances of cyber financial fraud have also skyrocketed, from phishing and unified payments interface (UPI) scams to investment and “digital arrest” scams. In order to catch up, the enforcement authorities have opted for speed. Complaints filed on the National Cybercrime Reporting Portal and channelled through the Citizen Finan
IJLLR Journal
5 hours ago2 min read
Safe From Whom? The Price Of Protecting Children Online
Bibhanshu Baibhav, B.A.LL.B. (Hons.), UILS, Chandigarh University, Punjab ABSTRACT The rise in the dangers of online manipulation and abuse and exposure to unsuitable material has made the debate around the protection of children in cyberspace an important one. But while methods that guarantee the online safety of children can themselves be at odds with children’s constitutional rights of free speech, access to information, and privacy, the objective of such regulations remai
IJLLR Journal
5 hours ago1 min read
The Cost Of Inaction: Parallels Between Before The Law And The Kite Runner
Prajakta Kakade, MIT WPU- SOL Page: 3039-3052 ABSTRACT “There is way to be good again.” – Khaled Hosseini, The Kite Runner Regret is a universal human experience, and sometimes, we experience regret as the cost of inaction and it makes home in our heart and mind for a lifetime. It is something that stays with us in the back of our minds and we cannot escape it no matter how much we want it to. In Franz Kafka’s parable Before the Law and Khaled Hosseini’s novel The Kite Runner
IJLLR Journal
5 hours ago2 min read
Copyright Protection For AI-Generated Works: Rethinking Authorship Under Indian Copyright Law
Selgin B, Joy University, Tirunelveli District, Tamil Nadu, India. ABSTRACT Artificial Intelligence (AI) has revolutionized creative industries because it can create literary works, art, music, software code, and audiovisual content on its own. These developments question the traditional copyright bases, which are based on human creativity, originality and authorship. Although the Copyright Act, 1957, covers a wide range of human-generated works, it does not address the legal
IJLLR Journal
5 hours ago1 min read
Distinctiveness And Likelihood Of Confusion In Pharmaceutical Trademarks: Critical Analysis Of Section 9(1) And 11(1) Of The Trade Marks Act, 1999
Ayush Upadhyay, B.B.A. LL.B. (H), Sister Nivedita University, Kolkata Sem Dhiraj Sau, B.B.A. LL.B. (H), Sister Nivedita University, Kolkata ABSTRACT Pharmaceutical trademarks raise concerns that differ from those associated with ordinary consumer products. Where two pharmaceutical marks are too similar, the confusion may extend beyond the marketplace and result in medication errors that endanger patients. This paper examines the issue under Sections 9(1) and 11(1) of the Trad
IJLLR Journal
5 hours ago1 min read
The Silicon Shadow: Can Autonomous Algorithmic Systems Be Deemed Shadow Directors Within Section 2(59) Of India’s Companies Act, 2013?
Divyansh Singh & Nitu Kumari, Mumbai University (Thakur Ramnarayan College of Law) ABSTRACT Indian company law does not use the expression “shadow director”. What it has instead is a definitional device. Under section 2(59) of the 2013 Act, the word “officer” extends to anyone whose directions or instructions the Board habitually follows. The formula was drafted for people who influence boards from outside the boardroom. This article asks whether it can be applied to an auton
IJLLR Journal
5 hours ago2 min read
Waqf And Property Rights: Striking A Balance Between Reform And Religious Tradition
T Saroja Devi, Research Scholar, VELS Institute of Science, Technology & Advanced Studies (VISTAS) Dr. A Suganthini, Research Supervisor, VELS Institute of Science, Technology & Advanced Studies (VISTAS) ABSTRACT One of India's largest landlords is the Waqf Boards, dedicated exclusively for religious purposes under the Islamic law. The transfer of the property is irrevocable once the ownership has been transferred to the Waqf. Management is by a Mutawalli, appointed by the co
IJLLR Journal
5 hours ago2 min read
Is India's Single Bench Merger Reform Ready For Listed Companies Or Has The JPC Left SEBI Out? A Post-Report Reassessment, With A Four- Jurisdiction Comparative Study
Manas Kejriwal, B.B.A. LL.B. (Hons.), SRM University Delhi-NCR, Sonepat ABSTRACT The Corporate Laws (Amendment) Bill, 2026, introduced in the Lok Sabha on March 23, 2026 and comprising 107 clauses amending the Companies Act, 2013 and the Limited Liability Partnership Act, 2008, proposes a significant restructuring of how mergers are approved in India.1 Currently, when companies located in different states want to merge, they must file applications before multiple benches of t
IJLLR Journal
5 hours ago2 min read
Pocket Veto In Federal Systems: A Comparative Study Of Executive Inaction On Legislation In India, The United States, And Canada
Naman Soni, LL.M. (Investments and Securities Laws), National Institute of Securities Markets (NISM), Maharashtra, India ABSTRACT A major defect in the federal constitutional design is the absence of action by the executive on legislation, which is popularly known as a “pocket veto”. This paper explores the situation in India, the United States, and Canada. The study is motivated by the Supreme Court's April 2025 ruling in the case of State of Tamil Nadu v. Governor of Tamil
IJLLR Journal
5 hours ago1 min read
Beyond The Vigil Mechanism: Examining The Legal Enforceability Of Anti-Retaliation Remedies For Corporate Whistleblowers In India
Nandhini S, SRM School of Law, SRMIST, Chennai. Sailesh Kumar, SRM School of Law, SRMIST, Chennai. ABSTRACT Whistleblowing, which enables employees to report fraud, corruption and other corporate misconduct, is crucially important for promoting corporate transparency, accountability and ethical governance. However, corporate whistleblowers in India often face retaliation in the form of termination, demotion, workplace harassment and other adverse employment action. The presen
IJLLR Journal
5 hours ago1 min read
From Vidarbha To CIIRP: Evaluating The 2026 Amendment To India's Insolvency And Bankruptcy Code
Arsulwad Janardhan, Government of Telangana MJPTBCWR Law College Osmania University. Prof. (Dr.). Sripathi Dwarakanath, Professor of Law, Department of Law, Osmania University. ABSTRACT The Insolvency and Bankruptcy Code (Amendment) Act, 2026 marks the most significant recalibration of India's corporate insolvency framework since the Code's enactment in 2016. This paper traces the legislative and judicial trajectory that culminated in this reform, beginning with the Supreme C
IJLLR Journal
5 hours ago2 min read
India - Africa Multi-Faceted Relations: An Overview
Dr. R. Uthaya Suriyan, Associate Researcher, French Institute of Pondicherry, Puducherry, India ABSTRACT People of India have always felt certain sympathy for Africa, for the dreams and aspirations of its peoples, respect for the often forgotten fact that Africa is a cradle of human civilization, a desire to participate in all of Africa’s struggles against colonialism, apartheid, against poverty and disease. Both India and the countries of Africa have a shared historical expe
IJLLR Journal
5 hours ago2 min read
Possession, Presumption, Punishment: Criminalising The Inchoate Under Section 15 Of POCSO In Just Rights For Children Alliance V. S. Harish (2024 INSC 716)
Dibyendu Mondal, Thakur Ramnarayan College of Law, Mumbai Vedika Vijaypal Singh, Thakur Ramnarayan College of Law, Mumbai ABSTRACT This article analyses the Supreme Court's judgment in Just Rights for Children Alliance v. S. Harish (2024 INSC 716), which reversed the Madras High Court's decision quashing proceedings for possession of child sexual abuse material. It examines how the Court classified Section 15 of the POCSO Act as an inchoate offence, invoked the doctrine of co
IJLLR Journal
6 hours ago1 min read
Artificial Intelligence, Foreign Investment And Technology Sovereignty: Emerging Challenges For Developing Countries
Ayushi Maggu, Amity Law School, Noida, Amity University ABSTRACT Foreign investment can finance artificial intelligence infrastructure and widen access to advanced services, while leaving developing countries dependent on external suppliers for computing, models and technical decisions. This paper examines how investment governance can address that tension without treating technological self-sufficiency as a realistic universal objective. Using a doctrinal and comparative met
IJLLR Journal
1 day ago1 min read
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