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Death Penalty In India: Constitutional Validity, The Rarest Of Rare Doctrines, And The Case For Reform
Jatin Malhotra, B.B.A LL.B., Bharati Vidyapeeth University ABSTRACT The death penalty occupies a contested and constitutionally fraught position in Indian law. As one of the few remaining democracies that continues to retain capital punishment, India has developed a sophisticated yet inconsistently applied judicial framework for its administration, centred on the landmark doctrine of the ‘rarest of rare cases’ formulated by the Supreme Court in Bachan Singh v. State of Punjab
IJLLR Journal
Jul 112 min read
Consent Within Marriage: Visiting Related Law, Exception, Role Of Cinematography And Awareness Through Chiraiya
Ms. Khushi Shukla, Thakur Ramnarayan College of Law ABSTRACT The question of consent for any sexual act in marriage is currently most debatable issue in modern day Indian Society. The question of consent is central for sexual acts but the Indian law still continuous to keep the exception for the same in case of marital relations under section 63 of the Bharatiya Nyaya Sanhita, 2023. This legal provision has raised a number of ethical, constitutional and human rights issue suc
IJLLR Journal
Jul 111 min read
Copyright Challenges In The Age Of AI- Generated Content: Implications For Library Collections
Aqsa Kalam, B.A. LL.B., Jamia Millia Islamia, New Delhi Zikra Akbar, B.A.LL.B., Jamia Millia Islamia, New Delhi ABSTRACT Artificial intelligence is rapidly changing how content is created, stored, and accessed, and academic law libraries in India are feeling the impact. As AI tools such as ChatGPT and Gemini produce legal texts, case summaries, and research materials with minimal human input, serious questions arise about who owns such content and how libraries should handle
IJLLR Journal
Jul 111 min read
Good Faith Vs Proper Purpose: Re- Examining Judicial Review Of Directors’ Powers Under Indian Company Law
Muskkan Talreja, O.P. Jindal Global University I. Introduction Directors often exercise powers such as issuing shares or restricting shareholder rights stating that they acted in the company’s best interests. When these decisions are questioned, courts encounter the issue, whether it’s enough that a director acted in good faith or must they have also acted in for the right reasons for the exercise of power to be valid? Company law is thus faced with a doctrinal divide between
IJLLR Journal
Jul 112 min read
Breaking Monopolies, Building Markets: The Global Evolution Of Competition Law
Bhavya Sharma, Bharati Vidyapeeth New Law College, Pune ABSTRACT This paper traces the chronology and evolution of competition law in three distinct legal regimes- England, USA and India. It starts with the Statute of Monopolies of 1624 which is perhaps one of the first instances wherein there has been a challenge to the act of granting monopolies or trading rights to certain people. It, then, examines the Sherman Antitrust Act of 1890 which marked the dawn of modern competit
IJLLR Journal
Jul 112 min read
Risk, Responsibility, And Resilience Managing Occupational Hazards Through Corporate Oversight In India
Rajaalan A & Thirumudhukundran V ABSTRACT Safety and health in the workplace are core labour rights and pillars of sustainable development. Safe conditions are central decent work issues for the International Labour Organisation. In many jurisdictions, notably India, OSH is generally considered a peripheral compliance task rather than a strategic governance priority. This article discusses the systemic misalignment between corporate governance and workplace risk management. T
IJLLR Journal
Jul 111 min read
The Defence Procurement Manual 2025: Between Procedural Reform And Structural Realities
Shreya Joshi, Dr D Y Patil Law College ABSTRACT The Defence Procurement Manual 2025 (DPM 2025), which supersedes DPM 2009, applies to revenue procurement in the defence services. Although the new manual provides for more stringent timelines, delegated financial authority, e-procurement, and contractual incentives to ensure efficiency and indigenous development, this paper contends that the problem of delays is more complex and embedded in the system. The paper concludes that
IJLLR Journal
Jul 111 min read
Workplace Safety Failures In India: A Case Study Of The R.G. Kar Medical College Tragedy
Jaya Singh, Amity Law School, Lucknow ABSTRACT Significant gaps in workplace safety were revealed in 2024 by the tragic rape and murder of a postgraduate trainee physician at R.G. Kar Medical College and Hospital in Kolkata. The incident is examined in this essay from a legal, social, and policy perspective, emphasizing procedural errors, the need for gender sensitive safety precautions, and the institutional duty to provide care. The study assesses systemic flaws in administ
IJLLR Journal
Jul 111 min read
State Exemptions Under The Digital Personal Data Protection Act, 2023: Testing Section 17(2)(A) Against The Proportionality Standard
Yash Verma, Advocate, Delhi High Court ABSTRACT The Digital Personal Data Protection Act, 2023 builds its architecture around consent, yet Section 17 carves out exemptions that sit uneasily with that architecture. Among these, Section 17(2)(a) stands apart. It allows the Central Government to exempt any instrumentality of the State from the whole of the Act, not merely from specific chapters, on grounds such as sovereignty, security, and public order, through nothing more tha
IJLLR Journal
Jul 81 min read
Carbon Intensity Indicator Ratings And Legal Status Of A Non-Compliant Vessel
Aditi Singh, National Law University and Judicial Academy Assam ABSTRACT Ocean-going vessels were given an A–E operational efficiency rating when the Carbon Intensity Indicator ("CII") under MARPOL Annex VI went into effect in 2023. However, a low grade was not directly penalized beyond the need for a corrective action plan. This article argues that CII reveals a structural mismatch between private charter-party law, which gives the charterer operational control, and public i
IJLLR Journal
Jul 81 min read
Below-Cost Pricing On Online Marketplaces: A Comparative Reappraisal Of Predatory Pricing And Deep Discounting In India, The European Union, And The United States
Nitish Kumar, Ph.D. Scholar, University Department of Law, Patna University, Patna Dr. Shiv Shankar Singh, Associate Professor, University Department of Law, Patna University, Patna ABSTRACT Few features of the online economy trouble competition lawyers as persistently as the discount that seems too good to be true. Festival sales, cash-back, and coupons that push retail prices beneath a brick-and-mortar trader's own procurement cost look, to the shopper, like a gift; to the
IJLLR Journal
Jul 82 min read
Agnipath At Four: Legal Fault Lines And The Coming Rewrite Of India's Military Recruitment Contract
Adv. Anshika Yadav, B.A. LL.B. (Hons), GITAM School of Law, GITAM University, Visakhapatnam ABSTRACT The Agnipath initiative, which was introduced by the government on June 14, 2022, is about to enter the stage that will determine if it continues in its current shape for another four years. The Department of Military Affairs is considering measures that go well beyond minor adjustments as the first cohort of Agniveers is scheduled to conclude its four-year service in October
IJLLR Journal
Jul 81 min read
Escrow-Based Arbitration For India's E- Commerce And Platform Economy
Riya Mathur, LLB, Department of Law, Bharati Vidyapeeth Deemed University, New Delhi Tarun Sharma, LLB, Department of Law, Bharati Vidyapeeth Deemed University, New Delhi ABSTRACT India's digital economy has grown at a pace that its dispute resolution architecture was never designed to keep up with. Millions of transactions settle through payment aggregators every day, and a meaningful portion of them give rise to disagreements about delivery, quality, refunds, and contractua
IJLLR Journal
Jul 82 min read
The Modern Contours Of The Group Of Companies Doctrine: Reconciling Privity And Intent Post-Cox And Kings
Adv. Sarthak Kohli, Legal Researcher at Delhi High Court Synopsis: This article provides a comprehensive analysis of the Group of Companies Doctrine (GOCD) in India, specifically its refinement following the landmark Constitution Bench judgment in Cox and Kings Ltd. v. SAP India Pvt. Ltd. wherein the Supreme Court shifted the doctrine’s foundation from the "claiming through or under" theory to a consent-based framework that prioritizes the mutual intent of parties and the "si
IJLLR Journal
Jul 82 min read
Understanding Sources Of Obligation: A Comparative Analysis Of Legal And Philosophical Perspectives
Venkatesh P, B.A., LL.B. (Hons), Vinayaka Mission’s Law School, Chennai. ABSTRACT Obligation can be said to lie at the heart of law, philosophy, and ethics the concept representing duties or commitments that are imposed upon individuals or entities to do or refrain from doing some things. The paper reviews the sources of obligation considered both from a legal as well as from a philosophical point of view. nn law, sources of obligation are contractual agreements, statutes, t
IJLLR Journal
Jul 81 min read
Credit Cards And Electronic Payment Systems In India: A Critical Legal, Regulatory And Consumer Protection Analysis
Aarushi Rajpurohit, NIMS School of Law, NIMS University, Jaipur ABSTRACT The migration of India's payments architecture from cash and cheque-based settlement to card-based and application-driven electronic transfer is among the more consequential legal developments of the last two decades, yet the statutory response to it remains scattered across instruments that were not written with this migration in mind. This article undertakes a comprehensive doctrinal examination of the
IJLLR Journal
Jul 82 min read
Influence Of Misogyny On Social Media: How Much Freedom Of Speech Is Too Much Freedom Of Speech?
Srestha Dutta Chowdhury, LLM, Sister Nivedita University, Kolkata, West Bengal ABSTRACT The rapid awakening of social-media platforms has fundamentally altered the architecture of public discourse, simultaneously democratising expression and furnishing new trajectory for gendered hate speech, online harassment and misogynistic abuse. This paper examines the complex legal tension that arise when the constitutional and human rights guarantee of freedom of speech creates an inte
IJLLR Journal
Jul 81 min read
Judicial Interpretation Of Coastal Aquaculture: Analysing The Case Of S. Jagannath V. Union Of India (1997)
Sanskriti Yadav, National Law School of India University, Bangalore ABSTRACT India’s expansion of coastal shrimp farming since the 1990s brought big economic wins, but also real ecological and social costs, like mangrove loss, soil salinisation and the pushing out of long-standing fishing communities. Since the regulatory enforcement was weak in practice, the Supreme Court in S. Jagannath v. Union of India (1997) stepped in and held that environmental harm counts as a violati
IJLLR Journal
Jul 81 min read
Transformative Use, The Black Box Problem, And The Unfinished Architecture Of AI Copyright Law
Akshit Mathur, Jindal Global Law School ABSTRACT The doctrine of transformative fair use has served as copyright law's principal mechanism for accommodating technological change. From the photocopier to the internet, courts have repeatedly held that repurposing copyrighted material for a fundamentally different function can excuse what would otherwise constitute infringement. Authors Guild, Inc. v. Google Inc. (2d Cir. 2015) represented the high-water mark of this approach: m
IJLLR Journal
Jul 82 min read
Promissory Estoppel After Article 14: Rethinking Governmental Promises In Indian Public Law
Somya Kansal, Jindal Global Law School, O.P. Jindal Global University ABSTRACT Promissory estoppel entered Indian public law at a time when constitutional law lacked adequate tools for addressing unfair governmental conduct. Decisions such as Union of India v. Anglo Afghan Agencies and Motilal Padampat Sugar Mills Co. Ltd. v. State of Uttar Pradesh established that governmental promises capable of inducing reliance could, in appropriate circumstances, be enforced against the
IJLLR Journal
Jul 81 min read
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