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Enforceability Of Decentralised Arbitral Awards: Legal Hurdles And Prospects Of Reforms In India’s Arbitration Framework
Sawni Sardeshpande, Symbiosis Law School, Pune INTRODUCTION “In the DeFi world, trust is algorithmic, until it breaks. Arbitration is the human patch that keeps the system fair.” - Federico Ast, Co-Founder, Kleros The Arbitration and Conciliation Act, 1996, essentially works as the basic link in the pro- arbitration system in India, drawing strength from three basic tenets: party autonomy, identifiable tribunals, and awards delivered at a designated seat that could be enforce
IJLLR Journal
Jul 121 min read
Legislating Marriage Equality In India: A Comprehensive Study On The Need For Legal Recognition Of Same-Sex Marriage
Ann Mariya Roy, LLM, University of Madras ABSTRACT The legal recognition of same-sex marriage remains a significant constitutional and human rights issue in India despite the progressive expansion of LGBTQIA+ rights. While consensual same-sex relationships are no longer criminalized, the absence of a comprehensive legislative framework continues to deny same-sex couples equal access to the legal, social, and economic rights associated with marriage. This reflects a persistent
IJLLR Journal
Jul 111 min read
Misconduct As A Ground For Dismissal Of Workmen Under Indian Labour Law: A Judicial Analysis
Shambhavi Kumari, Bharti Vidyapeeth New Law College, Pune ABSTRACT Discipline at the workplace plays an important role in maintaining a healthy relationship between employers and workers. Under Indian labour law, an employer has the right to take action against a workman for misconduct, including dismissal in serious cases. However, this power cannot be used arbitrarily and must be exercised according to the law. This article discusses misconduct as a ground for dismissal of
IJLLR Journal
Jul 111 min read
Mergers And Amalgamation Of Banks In India
Mergers And Amalgamation Of Banks In India: A Study Of Public Sector Bank Consolidation And Private Sector/NBFC Amalgamations Under The Banking Companies (Acquisition And Transfer Of Undertakings) Acts, 1970 & 1980, And The Banking Regulation Act, 1949 Aanchal Bary, NMIMS KPMSoL ABSTRACT The Indian banking sector has, over the past five decades, undergone repeated waves of consolidation driven alternately by the socialist imperative of nationalisation, the efficiency logic of
IJLLR Journal
Jul 112 min read
UCC As A Tool For "National Unity": A Historical Critique Of This Argument In India, Referencing The Debates On The Hindu Code Bill, And Its Effectiveness In Fostering National Integration
Vanshika Rathi, JGLS Kashvi Badera, JGLS Research Question How did the normative concerns of national integrity, parity between laws and gender justice shape the need for UCC in the post-colonial India? Uniform Civil Code: A herald for unity in diversity India is a land of diversity encompassing and embracing varied landscapes, numerous languages and dialects, and a wide array of cultures, religions, and ethnicities. This diversity not only makes India unique compared to any
IJLLR Journal
Jul 112 min read
The Evolution Of Euthanasia Jurisprudence In India: A Judicial Journey From Sanctity Of Life To Dignity In Death
Ananya Singh, Guru Gobind Singh Indraprastha University ABSTRACT The jurisprudence of euthanasia in India has undergone significant transformation through judicial interpretation of the right to life and personal liberty under Article 21 of the constitution. This article examines the evolution of euthanasia law in India by analyzing the distinction between active and passive euthanasia and tracing the development of legal principles through landmark judicial pronouncements. B
IJLLR Journal
Jul 111 min read
Common Ownership And Competition Law (Invisible Collusion): Should India Recognise Institutional Investor Concentration As A New Antitrust Harm?
Amit Kumar Rai, LLM. LLB, Campus Law Centre, University of Delhi ABSTRACT The swift growth of large institutional shareholders has reshaped today’s capital markets, as a limited set of asset managers now more often controls sizable shareholdings in rival companies within a single sector. Often labelled “common ownership,” this development has sparked a significant but still unsettled discussion within competition law. Even though standard antitrust systems mainly target overt
IJLLR Journal
Jul 111 min read
The Hidden Toll Of Artificial Intelligence: Commercial, Legal, And Sovereign Risks In Enterprise Token Economics
Vidhi Patel, Symbiosis Law School, Nagpur The End of Predictable SaaS, the Rise of the “Reasoning Tax,” and the Legal Frameworks Required to Prevent Runaway Agent Liabilities ABSTRACT The transition of enterprise software procurement from predictable, flat-fee Software-as-a-Service (“SaaS”) licensing to variable, consumption-based artificial intelligence (“AI”) “token” billing represents one of the most consequential and least understood shifts in corporate technology governa
IJLLR Journal
Jul 112 min read
Duty Of Reasonable Care: Under The Indian Contract Act, 1872
Harshita Verma, BA.LL.B. (Hons.), Bennett University) ABSTRACT: Duty of reasonable care of the bailee has been expressly defined in the section 151 of the Indian contract act 1872 and it defines the duty of reasonable care of the bailee as an ordinary prudent man in a contract of bailment and the contract of bailment has been defined in section 148 of Indian contract act 1872, where a good is delivered from one person to another for some purpose that is to be returned or disp
IJLLR Journal
Jul 112 min read
Evidentiary Value Of Forensic Expert Opinion Under Section 45 Of The Indian Evidence Act, 1872
Yashika Duhan, Symbiosis Law School, Pune Chirag Singh, Panjab University, Chandigarh ABSTRACT The increasing reliance of forensic science in the investigation of crimes has transformed the evidentary system of Indian courts. Experts opinion is recognized in Section 45 of Indian Evidence Act, 1872 as relevant matters involving issues related to science, art, handwriting, fingerprints, and medical jurisprudence. Nevertheless, the Indian courts have constantly ruled that the op
IJLLR Journal
Jul 111 min read
Inherent Powers Of The Court: Under Civil Procedure Code
Harshita Verma, B.A.LL.B. (Hons.), Bennett University ABSTRACT This paper focuses on exploring the inherent powers granted to civil courts under the Indian Civil Procedure Code (CPC). While the CPC explicitly outlines many powers and limitations for the courts, it also confers certain powers that are not specifically codified within the law. These inherent powers, though not expressly written into the legal provisions, supplement the court's ability to administer justice effe
IJLLR Journal
Jul 111 min read
Legal Evolution In The Age Of AI And Data Privacy
Babhravi Singh, Symbiosis Law School, Noida ABSTRACT In today's ever-evolving world of technology, the emergence of Artificial Intelligence (AI), deep learning, and algorithmic decision-making is transforming how societies operate. While these developments have tremendous advantages, they also create unique legal, ethical, and regulatory risks. Our current legal systems, the majority of which were developed when such technologies were not even a concept, are struggling to gro
IJLLR Journal
Jul 112 min read
From Mohori Bibee To Social Media Influencers: Reforming Minor Contract Law In The Digital Era
Stuti Kumari, LLB (Hons.), School of Law, UPES ABSTRACT In Indian Contract Act, 1872, agreement with a minor is void ab initio. Minor’s Agreement is one of the strictest and most rigid doctrines in Indian Contract law. This rule was clearly established in the landmark judgement by the Privy Council in Mohori Bibee v. Dharmodas Ghose and is mentioned in Section 11 of the Indian Contract Act, 1872. The main purpose of this being so rigid was to protect minors from exploitation
IJLLR Journal
Jul 112 min read
Preventive Detention: Whether A Threat To Due Process Of Law
B Harshith Sharma, School of Excellence in Law, TNDALU, Tamil Nadu ABSTRACT This research study analyses the complex relationship between the controversial topic of preventive detention (PREVENTIVE DETENTION) and the complexities of the Due Process of Law (DUE PROCESS OF LAW). Although the concept of Due process of Law has not been blatantly stated in the Indian Constitution, it is of stout importance to contemplate that the Performance of due process of law has evolved and h
IJLLR Journal
Jul 112 min read
The Paradox Of Access: A Critical Evaluation Of The Quality Of Free Legal Aid In India
Saran Rajeev, Assistant Professor, Al- Azhar Law College, Thodupuzha, Kerala Jephy F Xavier, Research Scholar, School of Legal Studies, Cochin University of Science and Technology (CUSAT) ABSTRACT Access to justice is one of the pillars of the rule of law and constitutional governance. The constitutional provisions in India for free legal aid as enshrined in Article 14, 21 and 39A of the Constitution, coupled with the Legal Services Authorities Act, 1987, have failed to deliv
IJLLR Journal
Jul 112 min read
An Inner Conflict In Judicial Discretion To Capital Punishment And Criticism Towards Its Abolishment
Dewang Mehta, LL.M., Faculty of Law, University of Delhi ABSTRACT The degree of punishment is decided on the degree of culpability of the criminal act and how far the society was shaken to experience such act. The punishment of these heinous crimes should be punished in such a way that will be a deterrent to the society and which would create a sense of respect towards the law of the land. The reformative justice system does not work efficiently in these extreme criminal acts
IJLLR Journal
Jul 111 min read
Self-Condemnation And Psychoanalysis: In Continuation Of Sigmund Freud’s Criminological Theory
Dewang Mehta, LL.M., Faculty of Law, University of Delhi ABSTRACT According to Marriam Webster Dictionary “Self – Condemnation” refers to “ the act or an instance of condemningone's own character or actions : condemnation of oneself”. “Psychoanalysis” on the other hand is “a method of analyzing psychic phenomena and treating emotional disorders that involves treatment sessions during which the patient is encouraged to talk freely about personal experiences and especially abou
IJLLR Journal
Jul 112 min read
Regulating The Streets: Analysis Of The Legal Framework Governing Street Vending In India
Nidhi Thakur, Research Scholar, Department of Law, Himachal Pradesh University, Shimla (HP) Dr. Rajinder Verma, Professor, Research Scholar, Department of Law, Himachal Pradesh University, Shimla (HP) ABSTRACT Around the world, street vendors play a crucial role in urban economies by providing convenient access to a variety of products and services in public areas. Despite being viewed as informal, street vendors play a crucial role in urban economies. Selling items on the st
IJLLR Journal
Jul 111 min read
The Unlawful Activities (Prevention) Act And Counter-Terrorism Framework In India: Balancing National Security And Fundamental Rights
Ishita Gupta, Bharati Vidyapeeth Institute of Management and Research (BVIMR), New Delhi ABSTRACT Unlawful Activities (Prevention) Act (UAPA) is the principal anti-terror legislation in India and plays a central role in the country’s counter-terrorism framework. Enacted initially in 1967 to address unlawful associations and activities threatening national integrity, the Act has undergone several amendments, especially after major security incidents, expanding its scope to dea
IJLLR Journal
Jul 111 min read
From Tokenism To Transformation: Implementing Accessible Elections As A Constitutional Mandate
Himangi Gusain & Lavisha Kapil, VIPS, GGSIP University Introduction As the world’s largest democracy, India’s electoral process is often celebrated for scale yet for decades persons with disabilities have been sidelined to the margins of the electoral process not due to the legal exclusion but as a product of structural flaws. The obstacles ranging from inherently inaccessible infrastructure at polling sites to unreadable voter information have unfortunately transformed votin
IJLLR Journal
Jul 112 min read
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