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Process As Punishment? Judicial Trends In Grant Of Bail Under The Prevention Of Money Laundering Act, 2002
Kunal J. Umale, Maharashtra National Law University, Nagpur, Maharashtra. ABSTRACT The “Prevention of Money Laundering Act, 2002 (PMLA)” is one of India`s most stringent economic offence statutes. Over the past decade, its application, especially in bail cases, has attracted intense judicial scrutiny, doctrinal tensions, and criticism. While the Act seeks to curb sophisticated financial crimes, critics argue that prolonged pre-trial detention under PMLA often results in proce
IJLLR Journal
Feb 221 min read
Revisiting The Responsibility Of Auditors In Identifying Corporate Fraud Under The Indian Corporate Governance Framework
Shraddha Jain, LLM, Chanakya National Law University, Patna ABSTRACT Corporate fraud has become a persistent and structural challenge in the Indian corporate landscape, exposing weaknesses in prevailing systems of governance and corporate accountability. Auditors, as independent professionals responsible for scrutinising corporate financial disclosures, occupy a vital position in the identification and reporting of fraudulent practices. This paper analyses the statutory and r
IJLLR Journal
Feb 221 min read
Analyzing The Ambit Of 'Reasonable Restrictions': A Study Of Hate Speech, Defamation, And Contempt Of Court Under Article 19(1) (A) And Article 19(2) Of The Indian Constitution
Nishu Singh, Bundelkhand University, Jhansi ABSTRACT Article 19(1) (a) of the freedom of speech and expression is the basis of the democratic setup in India and citizens are allowed to engage in the discourse and governance of the nation. The freedom is however limited under Article 19(2), which has brought in the constrained limits of reasonableness, to protect other conflicting constitutional interests like the public order and reputation, and the judicial power. The paper
IJLLR Journal
Feb 221 min read
Privacy Of Insolvency Practitioners: Comparative Analysis Of UK (GDPR) And India (DPDP Act, 2023)
Ishan Mankotia & Mr Sheheen Marakkar Abstract Therefore, in this paper, a comparative legal analysis will be performed between the privacy rights and responsibilities of insolvency practitioners (IPs) in India under the Insolvency and Bankruptcy Code, 2016 (IBC) and Digital Personal Data Protection Act, 2023 (DPDP Act) against the Insolvency Act 1986 and the maintained GDPR of the UK. With digital assets increasingly taking over the current Corporate Insolvency Resolution Pro
IJLLR Journal
Feb 222 min read
Beyond The Screen: The Silent Crisis Of Online Financial Exploitation In India
Paridhi Sankhla, Gujarat National Law University, Silvassa Campus ABSTRACT This article explores the burgeoning epidemic of cyber-enable financial crimes and their disproportionate impact on India’s most vulnerable populations. As India undergoes a rapid digital transformation, a surge in scams – ranging from AI-driven deepfakes and “digital arrests” to predatory lending apps which has created a pandora’s box of cyber-crime. This article identifies the elderly, low-income ind
IJLLR Journal
Feb 221 min read
Corporate Insolvency Resolution Process (CIRP) In India's Insolvency And Bankruptcy Code: A Comprehensive Analysis
Shubham Kumar Tiwary, The ICFAI University, Dehradun ABSTRACT The Corporate Insolvency Resolution Process (CIRP) represents a transformative reform in India’s approach to corporate distress resolution through the Insolvency and Bankruptcy Code, 2016. This comprehensive analysis examines CIRP’s conceptual framework, operational mechanics, and practical implications within India’s commercial law ecosystem. The research explores how CIRP revolutionized corporate restructuring by
IJLLR Journal
Feb 222 min read
Judicial Review Of The Ultra Vires Administrative Actions In Forest Land Allotments: A Study In Indian Environmental Governance
P Sagarika Naidu, LL.M., School of Law, Christ (Deemed to be University), Bengaluru, India ABSTRACT Governance of forest land in India has featured a long-standing contestation among ecological imperatives, community rights, and administrative discretion. This study engages in the judicial review of ultra vires administrative decisions in relation to allotments of forest land as a site of environmental governance. The central aim is to assess how aspects of the constitutional
IJLLR Journal
Feb 212 min read
Emergency Arbitration And Artificial Intelligence: Re-Assessing Procedural Fairness And Due Process In Institutional Arbitration
Shilpi Sharma, Advocate, Desai & Diwanji PARTA I. Introduction In recent years, emergency arbitration has become a major procedural innovation in the field of international business arbitration. This may help parties avoid going to domestic courts by allowing them to obtain interim relief quickly before the arbitral panel is formed. Over the last decade, the incorporation of emergency arbitrator provisions into the rules of leading arbitral institutions has reflected a broade
IJLLR Journal
Feb 211 min read
India's Online Gaming & Gambling: Fragmented State Laws, Skill Vs. Chance Debates, And Emerging Federal Restrictions
Vasantha Sai Sree Vardhan Yadav, School of Law, Christ (deemed to be University) ABSTRACT India's gambling and online gaming market is marked by considerable complexity and a fragmented regulatory environment , primarily due to the Constitution granting individual states the authority to legislate on betting and gambling. Historically, the legal landscape has been shaped by a crucial distinction between "games of skill" and "games of chance". Games of skill, such as rummy, po
IJLLR Journal
Feb 212 min read
Independent Oversight In Biometric Governance: A Missing Link In Indian Criminal Procedure
Abdus Sami Osman Chaus, Yashwantrao Chavan Law College & Ph.D. Research Centre, Pune ABSTRACT The increasing reliance on biometric technologies in criminal investigation has significantly expanded the scope of State power over the individual. The Criminal Procedure (Identification) Act, 2022 institutionalises large-scale collection, storage, and retention of biometric and biological data within the Indian criminal justice system. While the legislation aims to modernise invest
IJLLR Journal
Feb 201 min read
Joint Criminal Liability: The Doctrine Of Common Intention And Common Object
Abhinav Pal, B.A.LL.B.(Hons.), Faculty of Law, University of Allahabad, Prayagraj ABSTRACT The traditional principle of individual criminal liability holds that a person is responsible only for offences personally committed by him. However, a complex issue arises when crimes are perpetrated by multiple individuals acting collectively. The Bharatiya Nyaya Sanhita (BNS), through Sections 3(5) and 190, addresses this challenge by incorporating the doctrines of common intention a
IJLLR Journal
Feb 201 min read
Beyond Fragmentation: Building Effective Cross-Border Insolvency Coordination
Gargi Verma & Aaradhya Sharma, Army Institute of Law, Mohali ABSTRACT Cross border insolvency regimes are fraught with jurisdictional Obstacles as the law pertaining to different countries is in conflict in the interest of creditors, the distribution of assets, and the enforcement of such laws. Although international harmonisation attempts such as the UNCITRAL Model Law and the EU Insolvency Regulation have provided a framework for international cooperation in the procedure o
IJLLR Journal
Feb 201 min read
Forest Legislation, Tribal Marginalisation, And The Struggle For Land Rights: The Case Of PVTGS In The Nilgiris
Sarthak Mishra & Smriti Mishra, Maharashtra National Law University, Nagpur ABSTRACT From historical times, tribal communities have been the indigenous inhabitants of forest land and custodians of resources. However, with the migration and urbanisation, the land and resources of the tribal's began to be encroached upon by the governments and big corporations, which undermined the rights of the tribes By employing a doctrinal research approach, the study explores the history o
IJLLR Journal
Feb 201 min read
Crypto Corporate Frauds And Regulatory Arbitrage: An Indian Legal Perspective
Pradyumna Krishna H.G, School of Law, Christ (Deemed to be University), Bengaluru ABSTRACT Cryptocurrencies and blockchain-based enterprises have been exponentially expanding in India, far beyond the evolution of relevant legal and regulatory systems. This regulatory lag has rendered the industry a perfect incubation centre of crypto corporate frauds like Ponzi scheme, token effects and financial reporting. Meanwhile, crypto companies have exploited the regulatory arbitrage a
IJLLR Journal
Feb 202 min read
Tackling Environmental Crime Without Criminal Trials: A Critical Study Of The National Green Tribunal
Miss. Anindita Saha, Research Scholar, Faculty of Law, ICFAI University, Tripura Dr. Zigisha Pujari, Associate Professor, Faculty of Law, ICFAI University, Tripura ABSTRACT Crimes in India related to environment are gradually addressed through dedicated environmental adjudication rather than traditional criminal trials. The institutional formation of the National Green Tribunal under the NGT Act,2010 was envisioned to provide effective and speedy environmental justice via ex
IJLLR Journal
Feb 201 min read
From Condemnation To Compliance: The Protection–Fragility Paradox In Returning Ukrainian Children Under UNGA Resolution A/RES/ES-11/9
Anahita Singh, The Sanskaar Valley School, Bhopal ABSTRACT Despite the existence of extensive international legal protections, children continue to be unlawfully transferred, displaced, and separated from their families in contemporary armed conflicts, raising fundamental questions about the effectiveness of international law in practice. Armed conflict continues to expose children to some of the gravest violations of international law, including unlawful deportation, family
IJLLR Journal
Feb 202 min read
The Role Of Constitutional Courts In Protecting Human Rights In The 21st Century: Evolving Standards And Emerging Challenges
Aparna Kumari, CHRIST (Deemed to Be University), Bengaluru ABSTRACT The purpose of this paper is to discuss how the role of constitutional courts in protecting human rights has changed during the 21st century, comparing both India and South Africa. It contends that the constitutional court has transformed from a limited interpretive function to an active institution working towards substantive human rights. In India, the Supreme Court has extended the definition of Article 21
IJLLR Journal
Feb 201 min read
Audi Alteram Partem Rule, Promotion Of Administrative Justice Act And The Labour Relations Act: Precautionary Suspension From Duty
Dr Judge Graham Nasious Moshoana, B Proc (Unin), LLB (Wits), Higher Diploma Labour Law (RAU); Diploma Corporate Law (RAU); LLM (Labour Law) (RAU); LLD (Mercantile Law) (Northwest University). A Judge of the High Court of South Africa; Former Judge of the Labour Court of South Africa; Acting Judge of the Labour Appeal Court of South Africa. 1. Introduction The main purpose of this article is to investigate whether audi alteram partem principle finds application when a decision
IJLLR Journal
Feb 202 min read
A Study Into The Underutilisation Of Intellectual Property And The Global Response To It: Need For A Solution-Driven Strategy To Reap Benefits From Commercialisation
Radhika Agrawal, PhD Candidate, ICFAI Law School, Hyderabad ABSTRACT The commercialization of intellectual property (IP) has become a critical driver of innovation, competitiveness, and economic diversification in today’s global economy. Despite rising IP filings worldwide—3.46 million patent applications in 2022, with India recording a remarkable 25.2% growth—many nations still face challenges in effectively transforming IP into marketable assets. This study examines the fou
IJLLR Journal
Feb 201 min read
Related Party Transactions And Minority Shareholder Protection: A Critical Appraisal Of SEBI’s Recent Amendments
Shreyas Bala Reddy, Christ (Deemed to be University) ABSTRACT An arrangement between 2 parties that are combined by a special relationship before a transaction is named a Related Party Transaction (RPT). It is one of the recurring areas of concern raised by recent corporate scandals. Even though numerous studies were done on RPT and Minority Shareholder (MS) protection, there was inadequate research investigating the disclosure of RPTs under the Securities and Exchange Board
IJLLR Journal
Feb 201 min read
A Critical Analysis Of The Legislative Gaps And Judicialtrends In India’s Cross-Border Insolvency Regime
V R Kalyani, School of Law, VELS University of Science, Technology and Advanced Studies Ms. T Nikithashree, Assistant Professor, School of Law, VELS University of Science, Technology and Advanced Studies ABSTRACT In an increasingly globalized economy, the insolvency of multinational corporations presents complex legal challenges that transcend national borders. While the Insolvency and Bankruptcy Code, 2016 (IBC) has fundamentally reformed India's domestic insolvency regime,
IJLLR Journal
Feb 202 min read
Examining Gender Inequities In Access To Sanitation Facilities In India
Saloni Manatwal & Spriha Garg, National Law School of India University, Bangalore ABSTRACT Sanitary facilities that are private, safe, and culturally acceptable should be a basic need for women's health, education, and economic engagement, but in India, they remain highly inadequate. The national surveys have established that more than 50% of rural households and a substantial number of urban slums force women into using shared toilets or open defecation, thereby compromising
IJLLR Journal
Feb 202 min read
Juvenile Privacy Or Public Transparency? An Analysis Of The Need For Juvenile Justice Transparency
Irin Mariam P, CHRIST (Deemed to be) University, Central Campus ABSTRACT The principle of confidentiality has been the fundamental of juvenile justice. This is based on the idea that children in conflict with the law must be given a chance at rehabilitation, protected from public stigma, and lifelong consequences. However, in today’s world of evolving mindsets of children, increased media attention, and public outrage over serious juvenile crimes are challenging the tradition
IJLLR Journal
Feb 202 min read
Cartel Prosecution In India: The Role Of Leniency Programs Shaping The Judiciary And Competition Commission Of India’s Rulings
Athul Ramaswami J S, LL.M (Corporate and Commercial Laws), School of Law, Christ (Deemed to be University), Bengaluru, India ABSTRACT Cartels represent one of the most harmful forms of anti-competitive conduct, undermining market fairness by fixing prices, limiting production, and manipulating tenders. Their inherently secretive nature makes them difficult to detect, leading many jurisdictions to adopt leniency programs that incentivize cartel members to disclose information
IJLLR Journal
Feb 181 min read
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