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Unfinished Reform: The Case For Legislative Harmonisation Of Creditor Hierarchies And Jurisdictional Supremacy Under India's Insolvency Framework
Arnav Bhardwaj, O.P. Jindal Global University, Sonipat, Haryana ABSTRACT The Insolvency and Bankruptcy Code (Amendment) Act, 2026 (‘Amendment Act’ or ‘2026 Act’) represents one of the most significant legislative moves in India’s insolvency framework, since the enactment of the Insolvency and Bankruptcy Code 2016 (‘IBC’ or ‘Code’). By mandating that admission of applications under Section 7 of the Code, within fourteen days, taking in consideration the judicial discretion tak
IJLLR Journal
Jul 62 min read
Witch-Hunting And Ritual Killings In India: A Socio-Legal Perspective
Drashti Nayak, LL.M., Maharashtra National Law University, Chhatrapati Sambhajinagar, India ABSTRACT Witch-hunting and ritual killings are not just relics of India’s past; they continue to claim lives and dignity even today. Behind every statistic is a story of fear, superstition, and social exclusion—most often targeting women, widows, the elderly, and members of marginalised communities. In many villages, unexplained illness, crop failure, or sudden death is still explained
IJLLR Journal
Jul 62 min read
Crime Without Culpability: The Law Of Insanity Defence
Saptarshi Mandal, Shyambazar Law College, University of Calcutta ABSTRACT This article examines the concept of the insanity defence in criminal law and its legal significance. This article discusses about the conditions under which an offender can claim the insanity defence on the ground of legal and medical tests. The insanity defense should be used carefully to balance justice, public safety and the rights of the accused person. The insanity defense is a part of criminal la
IJLLR Journal
Jul 61 min read
A Critical Analytical Study Of Landmark Judicial Decisions Under The POCSO Act And Their Impact On Child Protection In India
Satyameshwari Chouhan, Ph.D. (Research Scholar), Dr. K. N. Modi University Dr. Mrs. Santosh Sharma, Assistant Professor, Dr. K. N. Modi University ABSTRACT In India, a Protection of Children from Sexual Offences Act was passed in 2012 to enact effective laws to provide protection to children against sexual abuse, harassment and exploitation. The Act established procedures for reporting, investigation and trial of children that focuses child-friendly, with the aim of achieving
IJLLR Journal
Jul 62 min read
Role Of Negotiation And Mediation In Geopolitical War And Conflict
Heena Chaudhary, LL.M., National Law University, Odisha Swikruti Sahu, LL.M., National Law University, Odisha ABSTRACT Longstanding conflicts over land, resources and power, are the breeding ground for geopolitical wars which lead to a colossal loss of lives, economies, and peace on both domestic and international levels. Alternate Dispute Resolution techniques such as Negotiation and Mediation exist to resolve underlying tensions between individuals, and states in a peaceful
IJLLR Journal
Jul 62 min read
Case Analysis: Grant V. Australian Knitting Mills [1936] Ac 85, Privy Council
Garvita Mishra, India International University of Legal Education and Research (IIULER), Goa Judgment delivered on: 21 October 1935 I. Introduction Grant v. Australian Knitting Mills case was decided by the Privy Council in 1935. Mr Grant, who was the appellant, invoked the neighbour principle established by Lord Atkin in the infamous case of Donoghue v Stevenson, where a decomposing snail was found in a ginger- beer bottle three years before this case was decided by the Hous
IJLLR Journal
Jul 62 min read
Digital Sovereignty And E-Governance: Redefining State Consent In Contemporary International Law
Vijayenthira Poopathy DG, LL.M., University of Madras ABSTRACT The international legal order has traditionally been organised around the territorially bounded, consenting sovereign State, with State consent serving as the foundational source of binding obligation under treaty law, customary international law, and unilateral acts. The emergence of cyberspace as a domain of governance, commerce, and conflict has unsettled this consensual architecture. States now assert sovereig
IJLLR Journal
Jul 62 min read
Analysing The Anti-Defection Law In India: Challenges And Way Forward
Hariharasudhan S, B.A. LL.B. (Hons.) School of Excellence in Law, The Tamil Nadu Dr Ambedkar Law University, Chennai. Abirami Sri A, B.A. LL.B. (Hons.), School of Excellence in Law, The Tamil Nadu Dr Ambedkar Law University, Chennai. ABSTRACT Democracy, as one of the key limbs of the Basic Structure Doctrine, functions through Political Parties and their inter-party democracy. Indian electoral politics has long been known for its defection practices, like floor crossing by el
IJLLR Journal
Jul 51 min read
A Critical Analysis Of Technical Effect Or Technical Fiction? Re-Evaluating Section 3(K) Of The Patents Act, 1970 For Ai-Generated Inventions
Swathi Krishna P.H., LLM, Amity Law School, Amity University, Bengaluru Dr. Ajoy Jose, Assistant Professor, Amity Law School, Amity University, Bengaluru ABSTRACT AI is far removed from research into the academic arena and is now actively involved in the creation of commercially viable, patentable inventions, which is straining long-standing patent law principles. Under Section 3(k) of the Patents Act, 1970, any invention which is a mathematical or business method, or a compu
IJLLR Journal
Jul 52 min read
Regulation Of E-Waste In India: Study Of The Existing Environmental Legal Regime
Baskar B, Ph.D. Research Scholar, Department of Law, Hindustan Institute of Technology and Science, Padur, Chennai Prof. (Dr.) V.R. Dinkar, Dean, Department of Law, Hindustan Institute of Technology and Science, Padur, Chennai (Supervisor) ABSTRACT India has built an ostensibly comprehensive legal architecture to govern electronic waste, anchored in the “Environment (Protection) Act, 1986 and the E-Waste (Management) Rules, 2022” as amended in 2024. This article argues that t
IJLLR Journal
Jul 51 min read
A Study On Investigative Inefficiencies Causing Delays In Criminal Trial
Anbuchezian R, School of Excellence in Law, The Tamilnadu Dr. Ambedkar Law University Heishya S, School of Excellence in Law, The Tamilnadu Dr. Ambedkar Law University ABSTRACT The procedural delay in the criminal justice system is like a noxious substance that corrupts the entire body, and such are caused by many factors that affects the due process of the criminal trial. This study focuses only on the investigative inefficiencies that is caused by Police and other investiga
IJLLR Journal
Jul 52 min read
Silence After The Sanhita: Primary Evidence, Encrypted Data, And Article 20(3) Under The Bharatiya Sakshya Adhiniyam, 2023
Sunkireddy Suryaprakash Reddy, Research Scholar, School of Law, Mahindra University, Hyderabad Dr Mandeep Kaur, Associate Professor of Law, School of Law, Mahindra University, Hyderabad ABSTRACT The Bharatiya Sakshya Adhiniyam, 2023 recasts the law of evidence in India while preserving the conceptual scaffolding of its colonial predecessor. By assimilating electronic and digital records into the category of documents and treating them, when produced for inspection, as primary
IJLLR Journal
Jul 51 min read
Deepfake Technology And Criminal Liability In India: Are India's Existing Criminal Laws Sufficient To Deal With AI-Generated Deepfakes?
Isha Goel, Bhartiya Vidyapeeth, New Delhi ABSTRACT The rapid advancement of Artificial Intelligence has led to the emergence of deepfake technology, which enables the creation of highly realistic but fabricated audio, video and image content. While this technology offers several beneficial applications, its misuse has become a growing concern due to its potential to facilitate identity theft, financial fraud, online harassment, deepfake pornography and the spread of misinform
IJLLR Journal
Jul 51 min read
Digital Ghosts: Legal Rights Over Social Media Profiles Of Deceased Persons
Isha Goel, Bhartiya Vidyapeeth, New Delhi ABSTRACT The rapid growth of digital technology has transformed the way individuals create and maintain their identities. Today, social media profiles, emails, cloud storage, digital photographs, and other online accounts form an important part of a person's life and continue to exist even after death. This has given rise to a new legal challenge concerning the ownership, control, and management of digital assets belonging to deceased
IJLLR Journal
Jul 52 min read
Contracting Out Of The Posh Act? The Enforceability Of Immediate Termination Clauses For Sexual Harassment Allegations
Probeen Khamrui, BA LLB, Rizvi Law College, Mumbai When an employee is accused of sexual harassment, can an employer legally circumvent the Internal Committee and fire them right away? Although the POSH Act of 2013 provides a thorough legal framework for looking into workplace sexual harassment, there is still much to learn about the enforcement of contractual provisions that provide rapid termination. In light of the Act's required framework and the Supreme Court's rulings i
IJLLR Journal
Jul 52 min read
Sexual Harassment At The Workplace In India And The World
Ishita Kaur, Symbiosis Law School, Noida ABSTRACT Sexual harassment in the workplace is a crucial issue that affects people’s safety equality and dignity across organizations around the world. Despite decades of gender equality and Labour rights, there are millions of workers particularly women who are being exposed to inappropriate conduct, imbalance of power, and harassment in workplaces. The implication of this is not merely personal and psychological but institutional as
IJLLR Journal
Jul 51 min read
Bytes To Bankruptcies: Valuing Data As An Insolvency Asset In India’s Digital Age
Maanya Bhambal, OP Jindal Global University ABSTRACT In the era of the digital economy, data has emerged as an essential asset for contemporary businesses. As businesses expand and rely more on data- driven models, for consumer behavior analytics to algorithmic optimization, the valuation and treatment of data in insolvency is essential. But even as companies move toward data-intensive models, existing insolvency structures are still not well-suited to reflect the complexitie
IJLLR Journal
Jul 51 min read
The New York Convention In The Digital Economy: Enforcing Arbitral Awards Against Global Technology Corporation
Kanishka Sakshi, National University of Study and Research in Law Shantanu Shreshtha, National University of Study and Research in Law ABSTRACT The present paper will discuss the difficulties faced by the transnational technology company in the enforcement of international commercial arbitrations, especially in light of the 1958 New York Convention. It states that there is a structural and economic advantage for tech giants like Alphabet Inc., Apple Inc., Meta Platforms Inc.,
IJLLR Journal
Jul 51 min read
The Employees’ State Insurance Act, 1948 (As Amended): A Critical Analysis Before And After The Code On Social Security, 2020
Roonam Gautam, Ph.D. Scholar, Department of Laws, Punjabi University, Patiala, Punjab ABSTRACT This article presents a comprehensive critical analysis of India’s Employees’ State Insurance Act, 1948 (ESI Act), its institutional embodiment in the Employees’ State Insurance Corporation (ESIC), and the transformative recasting of statutory social insurance within the Code on Social Security, 2020 (CSS 2020). It traces the evolution of the ESI scheme’s coverage, finance, benefits
IJLLR Journal
Jul 51 min read
Is TKDL A Defensive Shield Or A Complete Protection Mechanism? A Critical Analysis With Reference To Siddha Traditional Knowledge
Deepikaa N, VIT School of Law, VIT Chennai, Mukesh Kumar S R, VIT School of Law, VIT Chennai ABSTRACT Traditional Knowledge has been threatened due to its misappropriation and its unauthorised commercial exploitation, especially through global intellectual property systems. India established the Traditional Knowledge Digital Library (TKDL) to safeguard traditional medicinal knowledge such as yoga, siddha, ayurveda, and unani against Biopiracy and wrongful patenting. However,
IJLLR Journal
Jul 51 min read
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