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Marital Rape Through The Lens Of Judiciary In India
Ms. Ruma Das, Assistant Professor and Ph.D. Research Scholar, Dept. of Law, Tripura University Lt. Dr. Brij Mohan Pandey, Associate Professor, Dept. of Law, Tripura University ABSTRACT It's ironic that people consider keeping women secure in streets, marketplaces, and everywhere else but other than their own homes. Marital rape is a criminal act committed within the context of marriage against married women, however, it is yet to be recognized as an unlawful act by both the s
IJLLR Journal
5 days ago1 min read
Market Power And Digital Convergence: A Legal–Economic Assessment Of The CCI’s Reliance–Disney Order
Anushka Pachauri, UPES, Dehradun ABSTRACT One of the most significant developments in India's media and digital businesses is the merger of Walt Disney's Star India and Reliance Industries' Viacom18, which was assessed by the Competition Commission of India (CCI) in Combination No. C-2024/05/1155. The largest broadcaster in India, two significant over-the-top (OTT) platforms, and the largest portfolio of premium cricket broadcasting rights are all included in the deal, which
IJLLR Journal
5 days ago1 min read
An Analytical Study On The Intersection Of AI- Generated Content And Intellectual Property Rights In India
Kinkini Chakraborty, LLM, Christ University, Bangalore Central Campus ABSTRACT Traditional intellectual property (IP) frameworks now face several difficulties as a result of the swift growth of artificial intelligence (AI), especially with regard to authorship, ownership, and liability for works produced by AI. The quest to employ artificial intelligence in every area of knowledge, including our personal settings, has been sparked by the continuous development of technology.
IJLLR Journal
5 days ago1 min read
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
5 days ago1 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
5 days ago1 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
5 days ago1 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
5 days ago2 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
5 days ago1 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
5 days ago2 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
5 days ago2 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
5 days ago1 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
5 days ago2 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
6 days ago1 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
6 days ago1 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
6 days ago1 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
6 days ago1 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
6 days ago2 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
6 days ago1 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
6 days ago2 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
6 days ago1 min read
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