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The Judicial Sale Lottery: Fragmentation Of Maritime Law And The Strategic Advantage Of Distressed Debt Investors
Joseph Thomas, Bharata Mata School of Legal Studies (BSOLS) ABSTRACT The paper, “The Judicial Sale Lottery: Fragmentation of Maritime Law and the Strategic Advantage of Distressed Debt Investors,” interrogates the fractured architecture of international maritime jurisprudence and its unintended consequence, transforming judicial ship sales into a jurisdictional lottery favouring distressed debt investors over traditional maritime lienholders. At its core, the work argues that
IJLLR Journal
Nov 13, 20252 min read
One Transaction, Many Cheques: Harmonization Of Consolidated Complaints Under Section 138 Of The Negotiable Instruments Act
Sanskriti Sharma, University of Mumbai Law Academy ABSTRACT In India the cheque jurisprudence under Section 138 of the Negotiable Instruments Act, 1881 (“NI Act”) has evolved substantially over the past few decades and now stands as a compelling example of the dynamic and interpretative role that the judiciary plays in reconciling statutory rigidity with the commercial realities. Section 138 of the NI Act was designed to promote reliability in monetary transactions by crimina
IJLLR Journal
Nov 13, 20252 min read
75 Years Of The Indian Constitution: A Journey Of Hope, Struggle, And Promise
Darshil Jignesh Rathod, Haveli Institute of Legal Studies and Research Preface As a law student, I have grown familiar with the Indian Constitution not just as a subject in textbooks, but as a document that quietly shapes everyday life in our country. My understanding has come from lectures, long hours in the library, discussions with classmates, and observing how constitutional principles appear in court judgments and public debates. Writing on the Constitution’s 75th annive
IJLLR Journal
Nov 13, 20252 min read
The Right To Silence In The Digital Age: Reconceptualising Adverse Inferences From The Refusal To Disclose Passwords
Prof. Shakeel Ahmad, Dean & Professor, D/O Law, AMU Ved Prakash Singh, Research Scholar, D/O Law, AMU ABSTRACT The right to silence, a cornerstone of criminal justice, is being profoundly challenged in the digital era. With the increasing use of encrypted digital devices and data protection mechanisms, courts and law enforcement agencies face growing difficulties in obtaining access to evidence. This paper critically examines the tension between the right to silence and the l
IJLLR Journal
Nov 13, 20251 min read
Public Health And Intellectual Property Rights: Reconciling Access To Medicines With Patent Protection
Shreya Rani, Amity Law School, Amity University Patna Samdarshi, Amity Law School, Amity University Patna ABSTRACT Intellectual Property Rights, particularly patents, form the foundation of the modern pharmaceutical innovation system. They grant exclusive rights for a limited period, enabling companies to recover high research and development costs. However, this exclusivity may also restrict affordable access to essential medicines, especially in developing nations. The pres
IJLLR Journal
Nov 13, 20251 min read
Role Of The Specific Relief Act In Real Estate Disputes, Impact Of The 2018 Amendment
Ayush Dadhich, B.B.A. LL.B. (Hons.), Manipal University, Jaipur ABSTRACT The Specific Relief (Amendment) Act, 2018 represents a paradigm shift in Indian contract law, particularly concerning real estate disputes. This paper examines the transformation from discretionary equitable relief to mandatory specific performance, analyzing its impact on the real estate sector. Prior to 2018, courts exercised wide discretion under Sections 10 and 14 of the Specific Relief Act, 1963, of
IJLLR Journal
Nov 13, 20251 min read
Corporate Arbitration And ODR: AI, Technology, And Smart Contracts – An Analytical Study Of Hybrid Arbitration
Arjun Vashisht, LL.M, UILS, Chandigarh University Dr. Gaurav Khanna, Associate Professor, UILS, Chandigarh University -Arbitration is the preferred mode of dispute resolution in the corporate world, not because it avoids law, but because it applies law efficiently.’ -Fali S. Nariman ABSTRACT These new forms of digital technologies and artificial intelligence (AI) have drastically transformed the firm field's dispute resolution system. Conventional arbitration is a practical s
IJLLR Journal
Nov 13, 20251 min read
Special Laws Vs General Laws: Constitutional Validity Of Gender – Specific Provisions In Criminal Justice
Suraj Hanumant Bhalerao, LL.M., Savitribai Phule Pune University ABSTRACT The criminal justice system in India is an amalgamation of general laws applicable to all citizens and special laws crafted to address the vulnerabilities of specific groups, particularly women. Gender-specific provisions such as Sections 498A, 354, and 376 of the Indian Penal Code (IPC), along with special legislations like the Protection of Women from Domestic Violence Act, 2005, reflect a legislative
IJLLR Journal
Nov 13, 20251 min read
Study Of Mediation As A Leading Mechanism For Settlement Of Dispute And Its Challenges
T. Srinithi & X. Subashree, School of Law, Chettinad Academy of Research and Education, Kelambakkam ABSTRACT Mediation has emerged as one of the most effective and preferred mechanisms for the amicable settlement of disputes, offering a viable alternative to the traditional adversarial system of litigation. Rooted in principles of neutrality, confidentiality, and voluntariness, mediation encourages parties to engage in constructive dialogue, enabling mutually beneficial outco
IJLLR Journal
Nov 13, 20251 min read
Mediation As An Effective Method To Transform Relationships And Resolve Conflict
X. Subashree & T. Srinithi, School of Law, Chettinad Academy of Research and Education, Kelambakkam ABSTRACT Mediation has emerged as one of the most effective and humane methods for transforming relationships and resolving conflicts across multiple sectors, including family, workplace, community, and educational settings. Unlike traditional adversarial processes such as litigation, which often deepen divisions and focus on assigning blame, mediation encourages open communica
IJLLR Journal
Nov 13, 20251 min read
Evaluating The Viability Of Hybrid ADR Models In India: The Case Of Med-Arb And Arb-Med
Diya Jain, Department of Law, Prestige Institute of Management and Research, Indore ABSTRACT India's continuous attempts to restructure its overloaded legal system have highlighted attention on Alternative Dispute Resolution (ADR) as a way to provide prompt, affordable, and accessible justice. In this changing context, hybrid ADR mechanisms, such as Med-Arb or Arb-Med, have emerged as advanced models that aim to combine the binding nature of arbitration with the collaborative
IJLLR Journal
Nov 13, 20251 min read
Combating Financial Opacity In India: A Guide To Significant Beneficial Ownership
Keshav Goenka, University of Mumbai Law Academy ABSTRACT The paper focuses on the introduction of significant beneficial ownership compliance under the Companies Act 2013 and the challenges it faces in enforcing the same. The concept of SBO evolved from the FATF recommendations to being actually enforced and making its place in corporate compliance lists. Determining beneficial ownership has become essential lately, given the rise in terrorist financing and money laundering e
IJLLR Journal
Nov 13, 20251 min read
Go-Slow Strikes In India: A Legitimate Illegality
Disha Munjal, Vivekananda Institute of Professional Studies Saurabh Sharma, Vivekananda Institute of Professional Studies ABSTRACT The “go-slow” strike is one of the most debated forms of industrial protest. Unlike a normal strike, where work completely stops, a go-slow involves employees deliberately reducing their speed of work while staying on duty. This blurs the line between obedience and protest, creating a legal dilemma for courts and lawmakers. In India, both the Indu
IJLLR Journal
Nov 13, 20251 min read
Prison Conditions In India: A Critical Analysis With Special Reference To Educational And Vocational Rehabilitation
Arshita Sharma, PhD Scholar, Department of Laws, Panjab University, Chandigarh. ABSTRACT Human civilization has always included crime and criminality, which presents ongoing difficulties for the criminal justice system. The prison system has gradually changed from being primarily designed as a place of punishment to a tool for rehabilitation and reformation. Since social norms and humanitarian ideals have changed, the modern jail system prioritizes reformative approaches abov
IJLLR Journal
Nov 13, 20251 min read
Non-Fungible Tokens As Evidence Of Copyright Ownership- Blockchain As A Legal Tool
Govind Sudarsan, Student, BA.LLB. (Hons.), School of Law, Sastra Deemed to be University, Tamil Nadu, India. Pon Shakthi Krishnaa, Student, BA.LLB. (Hons.), School of Law, Sastra Deemed to be University, Tamil Nadu, India. ABSTRACT The emergence of non-fungible tokens (NFTs) raises significant challenge for the core of copyright law, especially regarding the requirement of originality in copyright as copyright itself is based on two important features like originality and fix
IJLLR Journal
Nov 13, 20252 min read
Understanding Victimology: A Brief Overview Of The Law, Theory, And The Road Back To Dignity
Payal Kumari, BBA LLB (Hons.), Lovely Professional University Introduction Crime leaves more than a legal footprint; it leaves people with scars, questions, and a long road back to dignity, which is why a victim-centered lens is essential in any justice system that aims to heal as well as to punish. Victimology brings that lens into focus by asking who is harmed, how harm happens, and what helps people rebuild their lives with real support and legal remedies that do not depen
IJLLR Journal
Nov 13, 20251 min read
Social Justice And Labour Rights In Indian Jurisprudence
Virender Negi, Professor, UILS, Panjab University, Chandigarh. Rahul Sadera, Research Scholar, Department of Laws, Panjab University Chandigarh. ABSTRACT “Labour is not a commodity.” — ILO Declaration of Philadelphia (1944) Without recognizing the judiciary's critical role in transforming constitutional ideas into practical social justice guarantees, it is challenging to understand the development of Indian labor law. Although the Indian Constitution does not specifically pro
IJLLR Journal
Nov 13, 20251 min read
Role Of Directors In Corporate Cybersecurity: A Critical Analysis
Apoorva Saxena, LLM, Chandigarh University Dr Amrita Rathi, Associate Professor, UILS, Chandigarh University ABSTRACT The board of directors plays a pivotal role in governing corporate cybersecurity, especially in India’s rapidly digitizing economy. Directors are expected to act with due diligence, integrating cyber risk management into overall governance. Indian corporate law and regulators have gradually recognized this need: the Companies Act, 2013 imposes a duty of care o
IJLLR Journal
Nov 13, 20251 min read
Equality Before Law: Analysing The Need For Gender- Neutral Legal Reforms In Light Of Bharatiya Nyaya Sanhita 2023
Mr. Alok Kumar, City Academy Law College ABSTRACT The constitutional guarantee of “equality before law and equal protection of laws” under Article 14 of the Indian Constitution forms the cornerstone of a justice system that aspires to transcend gender bias. With the replacement of the colonial-era Indian Penal Code (IPC) by the Bharatiya Nyaya Sanhita (BNS), 2023, India stood at the threshold of redefining its criminal jurisprudence to reflect modern, inclusive, and equitable
IJLLR Journal
Nov 12, 20251 min read
Government Regulation Of The Aviation Industry In India
R.D. Vishnupriyan, Vellore Institute of Technology (Chennai) ABSTRACT The aviation industry is a vital component of India’s infrastructure, contributing significantly to economic development, connectivity, and national integration. However, given its safety, sensitive and strategic nature, the sector requires comprehensive government regulation. This paper examines the evolution, framework, and impact of government regulation on India’s aviation industry. It begins by tracing
IJLLR Journal
Nov 12, 20251 min read
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