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Marvin Katko Vs. Edward Briney And Bertha Briney Or Katko Vs. Briney (Shotgun Case)
Vibha B. Nair, CMR University, School of Legal Studies BRIEF OF THE CASE: Citation: 183 N.W.2d 657 (1971) Appellant/Petitioner: Marvin Katko Respondent: Edward Briney and Bertha L. Briney Judgement Date: February 7, 1971 Court: Supreme court of Iowa INTRODUCTION A tort is any legal wrong for which the law offers redress. Torts offer recompense for losses to people and property brought on by another's negligence. Tort law seeks to return those who have been hurt as a result of
IJLLR Journal
Jan 131 min read
Rights Of Differently Abled Persons Under The UNCRPD: A Comparative Analysis Of The Indian And Sri Lankan Legal Frameworks
K.P. Sathira Kithmina, LL.M., South Asian University, New Delhi ABSTRACT The empowerment through the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) has brought about a paradigm shift from the concept of persons with disabilities based on welfare to those with disabilities based upon equality and social inclusion. However, within the South Asian context, the domestication of these global commitments and obligations is disperse and uneven. In this
IJLLR Journal
Jan 131 min read
Smart Guarantees In India: Is Indian Law Ready For Contractual Liability In The Age Of Fintech And Blockchain?
Natasha Zulfikir Kumar, Jindal Global Law School The age we live in now is one of technology, from barter to blockchain, the Indian financial sector has become an arena of rapid digital growth and development. With this transformation, however, we must also look at if our laws have the necessary dearth to deal with this growth. Sections 126 to 147 of the Indian Contract Act, 1872 (herein after ICA), governs the contracts of a guarantee, the question that we must ask now is if
IJLLR Journal
Jan 132 min read
Legal Frameworks For Affordable Housing Development: Bridging Policy And Practice
Ridhima Singh, Independent Legal Researcher ABSTRACT The global affordable housing crisis demands robust legal frameworks that balance the rights of individuals with the needs of communities, ensuring equitable and sustainable development. This paper examines the role of legal instruments in facilitating affordable housing, focusing on zoning regulations, land acquisition policies, and fiscal incentives. It highlights how exclusionary zoning laws, restrictive land-use policie
IJLLR Journal
Jan 132 min read
Ethics In ADR – Navigating The Indian Perspective
Pandurang Gireesh, B.A.,LL.B., Universal School of Law Buchupalle Keerthana, B.A.,LL.B., Visvesvarapura College of Law ABSTRACT ADR is an ever-changing form of dispute resolution mechanism that is proliferating in the judicial bubble of India, with its traces being in the United States of America. It has proven to be effective with the clientele and the general public of America. India has proven to be a testing ground for this mechanism, although the procedure is enumerated
IJLLR Journal
Jan 131 min read
Decrypting Demat: Legal Innovations And Regulatory Shifts For Private Companies In The Post-June 2025 Era
Mahak Jain, UPES ABSTRACT India has witnessed a transformation in the securities market, a shift from the physical securities to electronic ones after 30th June 2025, and the shift is known as dematerialization. In the process of dematerialization, the physical securities are converted into electronic form and held in a demat account. The purpose of this change is to improve efficiency, security of transactions, and transparency. It has also streamlined the trading of securit
IJLLR Journal
Jan 132 min read
Critical Analysis On Fundamental Rights At The Core Of Criminal Justice System
Puranajay Das, Assistant Professor, Department of Law, Fakir Mohan University, Balasore, Odisha Basavdutta Kar, Assistant Professor, Department of Law, Fakir Mohan University, Balasore, Odisha ABSTRACT Human beings is always able to adapt to anything in their environments. The society provides every individual their purpose and substance in life. One is entitled to his or her own thoughts, but is not entitled to their own actions. It is important for a person to figure out wh
IJLLR Journal
Jan 132 min read
Criminological Analysis On Repeated Offenses By Narcotics Prisoners At The Class II A Palu Penitentiary
I Made Sudiasa, Master Student, Faculty of Law, Tadulako University, Palu, Central Sulawesi, Indonesia Nurhayati, Faculty of Law, Tadulako University, Palu, Central Sulawesi Indonesia Gunawan Arifin, Faculty of Law, Tadulako University, Palu, Central Sulawesi Indonesia ABSTRACT The persistence of narcotics recidivism within Indonesian correctional facilities presents a critical challenge to the nation’s criminal justice system. This study investigates the criminogenic factors
IJLLR Journal
Jan 131 min read
The Impact Of Antitrust Laws On Competition And Market Dynamics
Ajit Raju Kamble, Symbiosis Law School, Pune Shubham Balasaheb Aute, Symbiosis Law School, Pune ABSTRACT The Antitrust laws are playing an crucial role in promoting fair competition and market dynamics by preventing monopolistic practices, and limiting the abuse of market power. The Antitrust law are central regulatory mechanism that moderates market power, preserves competitive entry, and influences firm strategy across industries. By prohibiting cartels, abusive dominance,
IJLLR Journal
Jan 131 min read
A Critical Study Of Unitary And Federal Form Of Government In The Light Of Constitutionalism
Naveen N., Amity University, Noida ABSTRACT This paper takes a closer look, critically comparing unitary and federal forms of government, especially through the lens of constitutionalism, focusing on India’s constitutional framework. It dives into the theoretical underpinnings and unique characteristics of both unitary and federal systems, pulling in examples from countries like the United Kingdom and the United States. The analysis explores how key constitutional principles—
IJLLR Journal
Jan 131 min read
Impact Of INCOTERMS 2020 On Risk Allocation, Cost Distribution, Customs Compliance, And ESG In India-EU Bilateral Trade: A Critical Analysis Of Indian Export-Import Policies And Legal Frameworks
Aditya Gautam, B.B.A. LL.B. (Hons.), Symbiosis Law School, Pune ABSTRACT The paper critically examines the effect of INCOTERMS 2020 on risk allocation, costs, and customs compliances in EU-India bilateral trade with the analysis of their interplay with Indian export-import regulations and legal framework. This study reflects and finds that INCOTERMS 2020 majorly designates risk transfer points, freight liability, insurance liability, and customs duties. The major amendments d
IJLLR Journal
Jan 112 min read
An Analysis Of The Patents And The Protection Of Digital Innovations In E-Commerce Platforms
Soumili Naskar, School of Law, Christ (Deemed to be University), Bengaluru ABSTRACT This article casts doubt on the efficacy of existing patent systems in safeguarding digital works on e-commerce websites alongside proposed modifications that align with the demands of the digital economy.The research takes a doctrinal method of research to examine laws, court decisions and scholarly literature and concepts elsewhere as far as India, China, the United States, European Union. I
IJLLR Journal
Jan 112 min read
Trademark Protection In The Digital Age: Legal Challenges And Enforcement Mechanisms On Social Media Platforms
Adv Aiswarya C K, Bharata Mata School of Legal Studies, Aluva Adv Susmitha M, Bharata Mata School of Legal Studies, Aluva Adv Abhirami P, Bharata Mata School of Legal Studies, Aluva ABSTRACT The increasing commercial significance of social media platforms has transformed the manner in which trademarks are created, promoted, and exploited, while simultaneously intensifying the risks of infringement in digital spaces. Social media platforms now function as active sites of trade
IJLLR Journal
Jan 112 min read
The Legal Frontier Of AI: From Deepfakes To Digital Accountability
Ayantika Pal, CLATapult, CLAT Coaching, Kolkata Atri Karmakar, Siksha 'O' Anusandhan National Institutes of Law ABSTRACT Across various sectors, including education, medicine, entertainment, and legislation, the adoption of Artificial Intelligence (AI) technologies has surged in recent years. Generative models like ChatGPT and Gemini have revolutionized information access, operational efficiency, and productivity, enabling individuals and institutions to operate with enhanced
IJLLR Journal
Jan 111 min read
Is The Golden Triangle Still “Golden”?
Medhavi Verma, B.A.LL.B. (Hons.), Jindal Global Law School ABSTRACT The Golden Triangle of the Indian Constitution comprises Articles 14, 19, and 21. These provisions have acquired special significance because of their deep commitment to freedom, equality, and democratic values. When read together, these provisions ensure rigorous constitutional scrutiny of state action and function as a shield against unjust and unreasonable laws. Over time, the scope and meaning of these ri
IJLLR Journal
Jan 111 min read
Empirical Study On Barriers To E-Filing Adoption Among Lawyers And Litigants In Tamil Nadu Lower Courts
Medha K N, LLM, Department of crime and forensic law, The Tamil Nadu Dr Ambedkar Law University, Chennai ABSTRACT Judicial digitization promises streamlined operations, greater openness, and equitable access to adjudication. Within India's e-Courts Mission Mode Project, electronic filing stands as a pivotal innovation, rolled out incrementally across judicial tiers. E-filing, as a core component of the e- Courts Mission Mode Project in India, has been progressively implemente
IJLLR Journal
Jan 111 min read
The Right To Privacy In The Age Of Surveillance Capitalism: A Public Law Response
Preeti Bhagat, Reva University, Bangalore ABSTRACT Surveillance and the right to privacy are frequently viewed as two opposing ideals; one emphasizes individual freedom, while the other emphasizes institutional or governmental security concerns. The study focuses on the goals and evolution of ideas, such as recognizing privacy as a legal right and digital privacy and the technological revolution. The paper also highlights the Indian background in relation to Article 21 of the
IJLLR Journal
Jan 112 min read
From Code To Courtroom: Navigating Copyright In Gaming Software
L. Anisha , Hidayatullah National Law University ABSTRACT The rapid expansion of the video game industry has introduced complex copyright issues, particularly in relation to gaming software. In India, the absence of a sui generis legal framework for video games has resulted in reliance on the Copyright Act, 1957, for protecting different elements of a game. This paper examines the copyrightability of video games with a focused analysis on gaming software. It analyses the clas
IJLLR Journal
Jan 111 min read
How India’s Data Protection Framework Reshapes Consumer Choice In E-Commerce Markets
Vibhu Wahal, Reva University, School of Legal Studies ABSTRACT The contemporary e-commerce ecosystem is built on a simple trade: consumers receive hyper-personalized services in exchange for pervasive data collection. Emerging data protection regimes such as the DPDP Act, however, are designed on a contrary logic, i.e. to minimize data processing, constrain profiling, and reempower the individual through consent and purpose limitation. This paper argues that the interaction o
IJLLR Journal
Jan 111 min read
Balancing Rehabilitation And Accountability: Distinguishing Core Philosophies In The Treatment Of Juvenile Offenders In India And Vietnam
Le Thi Hong Diem, Doctoral Researcher, Faculty of Law, University of Delhi, India; Lecturer, Faculty of Law Nguyen Tat Thanh University, Ho Chi Minh City, Vietnam ABSTRACT Juvenile justice systems must balance two fundamental objectives: rehabilitating young offenders while ensuring accountability and protecting society. The manner in which this balance is achieved reflects each jurisdiction’s underlying philosophy of juvenile justice. This article compares India's Juvenile J
IJLLR Journal
Jan 111 min read
Bridging Compliance And Security: Evaluating The Implementation Of Kotak Committee Recommendations On Cyber Risk Disclosure
Bhanu Pratap, LLM, Department of Law, Prestige Institute of Management and Research, Gwalior, Madhya Pradesh Richa Mittal, Assistant Professor, Department of Law, Prestige Institute of Management and Research, Gwalior, Madhya Pradesh ABSTRACT Growing dependence on digital technology has left organizations vulnerable to a vast array of cyber threats, highlighting the need for proper cyber risk disclosure and management. Therefore, recommendations of the Kotak Committee for cyb
IJLLR Journal
Jan 112 min read
A Jurist Of Liberty, Dignity, And Rights
Vandan Pareek, Symbiosis Law School, Hyderabad INTRODUCTION Justice Yeshwant Vishnu Chandrachud was a jurist and the epitome of intellectual brilliance and adherence to constitutional ideological principles. He was born on 12 July 1920, in Pune, and served as one of the most influential Chief Justices in the history of India, holding the longest tenure of Chief Justice in independent India or the whole world between 22 February 1978 and 11 July 1985. He was a contemporary of
IJLLR Journal
Jan 112 min read
The Intersection Between Law And Science: A Study Of Evidentiary And Investigative Frameworks
Justin P. Jacob, Symbiosis Law School, Pune ABSTRACT This paper considers comparative methodologies and processes of judicial and scientific evidence, regarding their roles in establishing facts and deriving conclusions. It identifies inherent biases and limitations within the process of judicial inquiries through a critical analysis and finds them diametrically opposite to the objectivity of scientific methods. The principle of 'AUDI ALTERAM PARTEM' is considered in both con
IJLLR Journal
Jan 111 min read
Technical Formalism Vs Substantive Justice: A Critique On Kuldeep Singh Sengar’s Suspension Of Life Sentence
Keya Sarkar, Assistant Professor, School of Law, Siddhartha Academy of Higher Education, Vijayawada, Andhra Pradesh, India Vemuru Leela Krishna, Assistant Professor, S.V.D. Siddhartha Law College, Vijayawada, Andhra Pradesh, India ABSTRACT The ever long struggle between technical formalism and substantive justice is an important challenge in the criminal justice system in India. This paper is carrying out a critical analysis of the judgment of High Court in the case of Kuldee
IJLLR Journal
Jan 91 min read
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