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Doctrine Of Res Sub Judice, Res Judicata: Finding A Balance Between Judicial Economy And Reaching Justice
Priya Singh, Gautam Budha University ABSTRACT Res Judicata and Res Sub Judice are the foundations of the civil procedure of India, being struck between economical and administering off justice in a fair manner. The concept of Res Judicata, which was written under Section 11 of Code of Civil Procedure in 1908, is the concept on which the same is written on the principle that once a good court has decided on the same issue between the same persons in the same cause, it cannot b
IJLLR Journal
Dec 28, 20251 min read
Comparative Analysis Of The Bharatiya Sakshya Adhiniyam, 2023 And The Indian Evidence Act, 1872
Mohd Uwais Saifi, Amity University Noida ABSTRACT This paper compares the Indian Evidence Act of 1872 with the Bharatiya Sakshya Adhiniyam, 2023, emphasizing the latter's advancements and distinctions. The inclusion of digital forms in the classifications of evidence and the establishment of clear criteria for the admission of electronic data are two significant changes. The Bharatiya Sakshya Adhiniyam also reassesses how confessions are handled, shifting toward a more nuance
IJLLR Journal
Dec 28, 20251 min read
The Study Of Mesne Profits - Application, Assessment And Calculation In Partition Suits
Ms. Sanjukta Mitra, BBA LLB (Hons.), Symbiosis Law School, Pune Mr. Abhinav Saran, BBA LLB (Hons.), Symbiosis Law School, Pune ABSTRACT "Mesne profits" is the term used to describe the legal compensation for people who have been denied access to jointly owned property due to the illegal actions of joint co-owners. This is a remedy created by the courts through many years of jurisprudence under the Civil Procedure Code, 1908. It has been established that the Courts will determ
IJLLR Journal
Dec 28, 20252 min read
Juvenile Offenders And Narcotic Crimes In India: A Critical Analysis Of Legislative Overlap Under The NDPS And JJ Acts
Nehal Sharma, BBA LLB (Hons.), MIT World Peace University ABSTRACT Application of NDPS Act, 1985, along with the Juvenile Justice (Care and Protection of Children) Act, 2015, raises fundamental questions regarding how the Indian legal system should deal with a minor found involved in drug- related offenses. While NDPS Act is based on 'strict liability' with harsh punishment in order to control the drug menace, no differentiation is made in it between adult and juvenile offend
IJLLR Journal
Dec 28, 20252 min read
Scalia And Breyer On Constitutional Interpretation: A Reflective Analysis
Samidha Padwal, LLM (Corporate & Financial Law & Policy), Jindal Global Law School, O.P. Jindal Global University ABSTRACT Justice Scalia’s and Breyer’s conversation stands as a model of civil debate, helping readers to understand that behind every contest over a Supreme Court opinion lies a deeper theory of law. Grappling with their arguments has sharpened my own sense of constitutional interpretation: a judge must respect the Constitution’s text and history, yet also ensure
IJLLR Journal
Dec 28, 20252 min read
Comparative Analysis: The Role Of Writs In Indian And Canadian Administrative Law
Anushka Pundir, BML Munjal University Exploration of Administrative Law in India and Canada Administrative law, governing government administrative agencies, is vital in ensuring the legality, fairness, and justice of their actions in both India and Canada. It ensures government agencies are responsible, with its origins dating back to ancient civilizations like the Mauraya dynasty. This field of law defines how the government engages with its populace, outlining the powers a
IJLLR Journal
Dec 28, 20252 min read
Authorised Representatives And Homebuyers Under The Insolvency And Bankruptcy Code, 2016: A Doctrinal Critique
Naman Dudhoria, Jindal Global Law School, O.P. Jindal Global University ABSTRACT The Insolvency and Bankruptcy Code, 2016 (IBC) changed India’s insolvency system by introducing a process driven by creditors. A major reform was recognizing homebuyers as financial creditors through the Insolvency and Bankruptcy Code (Amendment) Act, 2018. As homebuyers are numerous and spread out, the Code added Authorised Representatives (ARs) to help them participate collectively in the Commi
IJLLR Journal
Dec 28, 20251 min read
Regulating AI In Healthcare: Legal Frameworks And Challenges
M Kalaivani, Guest Lecturer, Government Law College, Vellore ABSTRACT The integration of Artificial Intelligence (AI) into healthcare systems has significantly transformed medical diagnosis, treatment planning, patient monitoring, and health data management. AI-driven technologies promise enhanced efficiency, accuracy, and accessibility in healthcare delivery; however, their rapid deployment raises complex legal, ethical, and regulatory concerns. This research paper criticall
IJLLR Journal
Dec 28, 20252 min read
Rights Of The Victims: A Socio-Legal Study
Pampa Karar, Research Scholar, Shri Venkateshwara University, Gajraula, Amroha, Uttar Pradesh Dr. Shyamlal, Associate Professor, School of Law & Jurisprudence, Shri Venkateshwara University, Gajraula, Amroha, Uttar Pradesh ABSTRACT The evolution of criminal justice systems globally has witnessed a paradigm shift from a purely state-centric, retributive model to one increasingly sensitive to the rights and rehabilitation of victims of crime. In India, this shift has been catal
IJLLR Journal
Dec 28, 20252 min read
Conjugal Visits: A Step To Protect Human Dignity In Jail
Renu, PhD Scholar, University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University (GGSIPU), Delhi ABSTRACT Conjugal visits, also known as family or private visits, are an important feature of modern prison systems in many countries. These visits allow prisoners to meet their spouses in a private and secure space within the prison. The aim of conjugal visits is not limited to physical intimacy but includes emotional support, trust, love, and family bondi
IJLLR Journal
Dec 28, 20252 min read
Stockholm Syndrome: Trauma & Victim Analysis
Keerthana Preethi A, The Tamilnadu Dr Ambedkar Law University Krishna Leela S, Government Law College, Villupuram ABSTRACT Stockholm Syndrome, the psychological phenomena in which victims form emotional relationships with their captors or abusers, represents an important junction of victimology, trauma psychology, and criminal justice in contemporary law and practice. The phenomena was first identified following the 1973 Stockholm bank heist, and it has grown in importance in
IJLLR Journal
Dec 26, 20251 min read
Intersections And Inconsistencies: Examining The Overlap Between GST And Corporate Income Tax In India
Mr. Atanu Chakraborty, B.B.A. LL.B., Army Law College, Pune, Maharashtra Ms. Bhavya Jamwal, B.B.A. L.L.B., Army Law College, Pune, Maharashtra ABSTRACT The introduction of the Goods and Services Tax (GST) marked a significant shift in India’s indirect taxation framework, with the objective of simplifying tax compliance, reducing cascading effects, and fostering ease of doing business. Despite these objectives, corporate taxpayers continue to face considerable challenges arisi
IJLLR Journal
Dec 26, 20251 min read
Stitching Protection: A Comparative Analysis Of Intellectual Property Rights And Counterfeit Challenges In The Fashion Industries Of India, The United States, And The European Union
Shri Hari Priya K, Sastra Deemed University Dharunya Gowthaman, Sastra Deemed University ABSTRACT In the battle between innovation and imitation, fashion is where the seams of creativity are most often tested by the law. The fashion industry is changing and evolving in weeks, but the intellectual property protection for the same moves in decades. This paper focuses on bridging the gap and keeping both in step. Fashion is ever blooming and a booming industry with new creations
IJLLR Journal
Dec 26, 20252 min read
Contempt Of Court In India: Need For Harmonising Article 19(1)(A) With Judicial Independence
Sameeksha Tripathi, Lucknow Bench, Allahabad High Court ABSTRACT A fundamental component of India's democratic system is the right to freedom of speech and expression, which is protected by Article 19(1)(a) of the Indian Constitution. The legislation pertaining to contempt of court is one of the "reasonable restrictions" listed in Article 19(2) that apply to this fundamental right. Enshrined in Articles 129 and 215 for the Supreme Court and High Courts, respectively, the abil
IJLLR Journal
Dec 26, 20251 min read
A Comprehensive Study Of The National Company Law Tribunal (NCLT): Structure, Role, And Functioning
Ms. Priya Yadav, Ph.D., Research Scholar at School of Law, Sushant University, Gurugram. Dr. Anjali Sehrawat, Associate Professor, School of Law, Sushant University, Gurugram. Dr. Deepak Miglani, Associate Professor, School of Law, Sushant University, Gurugram. ABSTRACT The National Company Law Tribunal (NCLT), which was established in 2016 under the Companies Act, 2013, is India's primary venue for swiftly and effectively resolving business disputes. It combined the operatio
IJLLR Journal
Dec 26, 20251 min read
The Commodification Of Narrative Assets: IP Valuation Challenges And Regulatory Gaps In The Bollywood–OTT Ecosystem
Dr. Divya Prakash Pathak, Assistant Professor, ICFAI University, Tripura. https://orcid.org/0000-0003-0648-1434 ABSTRACT This study examines the structural barriers hindering accurate Intellectual Property (IP) valuation within the Indian creative economy, focusing specifically on the dynamic interface between Bollywood (the Indian film industry) and Over-The-Top (OTT) streaming platforms. The investigation evaluates the suitability of traditional IP valuation methodologies—
IJLLR Journal
Dec 26, 20251 min read
The Future Of Indus Water Treaty: Need To Renegotiate And Include Climate Change Impact
S.P. Ezhiloviya, Madras Bar Council 1. INTRODUCTION One need not reiterate the importance of water for existence. India is a country which is abundantly surrounded by water bodies. Time and again, it has been established that the lack of water for drinking, agriculture, industrial purposes and for many other essential purposes has been a limiting factor for development in regions all around the globe. The inherent scarcity of water Although the freshwater percentage of the wo
IJLLR Journal
Dec 26, 20252 min read
Crime, Corruption And A Collapse Of Clean Politics In India
Aditi Sinha, Iswar Saran Degree College, Prayagraj. (A constituent PG college of the University of Allahabad) ABSTRACT This essay critically examines the deepening nexus between crime, corruption and politics in India and its corrosive impact on our democratic governance. It relies on empirical data, judicial pronouncements, statutory framework and the Vohra Committee report 1993 in particular to analyse the structural factors that have normalised presence of criminal element
IJLLR Journal
Dec 26, 20251 min read
Eminent Domain And The Struggle For Land Justice In Gorkhaland With Lessons From Bodoland, Jharkhand And Telangana
Neev Agarwal, Jindal Global Law School, OP Jindal Global University ABSTRACT The legitimacy of the State in a democracy like India rests upon its ability to protect the natural faculties and property rights of its citizens. Yet, this protective role is inherently conflicted by the State’s power of eminent domain, through which private property may be compulsorily acquired for public purposes. This paper examines this tension within the context of Gorkhaland in North Bengal ,
IJLLR Journal
Dec 26, 20252 min read
Harmonizing BNSS With Special Laws Governing Corporate Crimes (PMLA, SEBI Act, Companies Act)
Yaju Yadav, LLB (Hons.), Rajiv Gandhi School of Intellectual Property Law, IIT Kharagpur ABSTRACT The introduction of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has reshaped India’s criminal procedure, but its impact on the prosecution of corporate crimes remains uncertain. Special laws such as the Prevention of Money Laundering Act, 2002, the SEBI Act, 1992, and the Companies Act, 2013 already provide their own mechanisms for investigation, bail, and trial, which of
IJLLR Journal
Dec 26, 20252 min read
Reproductive Autonomy And Maternity Benefit: Constitutional Reflections On K. Umadevi V. Government Of Tamil Nadu (2025)
M. Rajendra Rushi, BA LLB, Legal Practitioner Krishna G. Hallur, BBA LLB, Ramaiah College of Law ABSTRACT Reaffirming the constitutional foundations of maternity benefits, the 2025 Supreme Court judgment marked a decisive shift from viewing such entitlements as purely statutory to recognizing them as expressions of fundamental rights. Grounded in Articles 14, 15, 16, 21 and 42 of the Constitution, the decision emphasized that maternity leave is integral to the principles of e
IJLLR Journal
Dec 26, 20251 min read
The IBC And The Power Sector Paradox: Examining The Suitability Of The Indian Insolvency Framework For Financially Distressed DISCOMs
Kartikey Mishra, Advocate, High Court of Madhya Pradesh ABSTRACT India’s power distribution sector has remained in a state of persistent financial distress despite repeated government bailouts and reform initiatives. Power Distribution Companies (DISCOMs) continue to accumulate substantial losses and debt, raising serious concerns about the effectiveness of existing legal mechanisms to address their insolvency. The Insolvency and Bankruptcy Code, 2016 (IBC) was enacted to pro
IJLLR Journal
Dec 26, 20252 min read
Migration Of Masses Induced By The Impact Of Climate Changes
L. Saranya, Faculty of Law, Dr. MGR Educational and Research Institute, Chennai, Tamilnadu Prof & Dr A. Aswini, Faculty of Law, Dr. Ambedkar Global Law Institute, Tirupati, Andhra Pradesh Prof & Dr P. B. Pankaja, Faculty of Law, Dr. MGR Educational and Research Institute, Chennai, Tamilnadu ABSTRACT “Environment Refugees – The World Forgotten Victims”, as highlighted by the World Economic Forum in its report on 18th June 2021, mentioned that climate change remains a serious c
IJLLR Journal
Dec 26, 20252 min read
Data As An Essential Facility In Insurance And Reinsurance Markets
Aditi Choula , Indian Institute of Management, Rohtak ABSTRACT This article challenges the notion that the market for insurance and reinsurance is capital intensive and that competitive superiority hinges on balance sheet superiority. The assertions offered in this article that data has now become the critical infrastructure input that determines competition in the modern market for insurance and reinsurance. Historical claims data, catastrophe loss data, and long-term loss d
IJLLR Journal
Dec 26, 20252 min read
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