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Audi Alteram Partem Rule, Promotion Of Administrative Justice Act And The Labour Relations Act: Precautionary Suspension From Duty
Dr Judge Graham Nasious Moshoana, B Proc (Unin), LLB (Wits), Higher Diploma Labour Law (RAU); Diploma Corporate Law (RAU); LLM (Labour Law) (RAU); LLD (Mercantile Law) (Northwest University). A Judge of the High Court of South Africa; Former Judge of the Labour Court of South Africa; Acting Judge of the Labour Appeal Court of South Africa. 1. Introduction The main purpose of this article is to investigate whether audi alteram partem principle finds application when a decision
IJLLR Journal
6 days ago2 min read
A Study Into The Underutilisation Of Intellectual Property And The Global Response To It: Need For A Solution-Driven Strategy To Reap Benefits From Commercialisation
Radhika Agrawal, PhD Candidate, ICFAI Law School, Hyderabad ABSTRACT The commercialization of intellectual property (IP) has become a critical driver of innovation, competitiveness, and economic diversification in today’s global economy. Despite rising IP filings worldwide—3.46 million patent applications in 2022, with India recording a remarkable 25.2% growth—many nations still face challenges in effectively transforming IP into marketable assets. This study examines the fou
IJLLR Journal
6 days ago1 min read
Related Party Transactions And Minority Shareholder Protection: A Critical Appraisal Of SEBI’s Recent Amendments
Shreyas Bala Reddy, Christ (Deemed to be University) ABSTRACT An arrangement between 2 parties that are combined by a special relationship before a transaction is named a Related Party Transaction (RPT). It is one of the recurring areas of concern raised by recent corporate scandals. Even though numerous studies were done on RPT and Minority Shareholder (MS) protection, there was inadequate research investigating the disclosure of RPTs under the Securities and Exchange Board
IJLLR Journal
6 days ago1 min read
A Critical Analysis Of The Legislative Gaps And Judicialtrends In India’s Cross-Border Insolvency Regime
V R Kalyani, School of Law, VELS University of Science, Technology and Advanced Studies Ms. T Nikithashree, Assistant Professor, School of Law, VELS University of Science, Technology and Advanced Studies ABSTRACT In an increasingly globalized economy, the insolvency of multinational corporations presents complex legal challenges that transcend national borders. While the Insolvency and Bankruptcy Code, 2016 (IBC) has fundamentally reformed India's domestic insolvency regime,
IJLLR Journal
6 days ago2 min read
Examining Gender Inequities In Access To Sanitation Facilities In India
Saloni Manatwal & Spriha Garg, National Law School of India University, Bangalore ABSTRACT Sanitary facilities that are private, safe, and culturally acceptable should be a basic need for women's health, education, and economic engagement, but in India, they remain highly inadequate. The national surveys have established that more than 50% of rural households and a substantial number of urban slums force women into using shared toilets or open defecation, thereby compromising
IJLLR Journal
6 days ago2 min read
Juvenile Privacy Or Public Transparency? An Analysis Of The Need For Juvenile Justice Transparency
Irin Mariam P, CHRIST (Deemed to be) University, Central Campus ABSTRACT The principle of confidentiality has been the fundamental of juvenile justice. This is based on the idea that children in conflict with the law must be given a chance at rehabilitation, protected from public stigma, and lifelong consequences. However, in today’s world of evolving mindsets of children, increased media attention, and public outrage over serious juvenile crimes are challenging the tradition
IJLLR Journal
6 days ago2 min read
Cartel Prosecution In India: The Role Of Leniency Programs Shaping The Judiciary And Competition Commission Of India’s Rulings
Athul Ramaswami J S, LL.M (Corporate and Commercial Laws), School of Law, Christ (Deemed to be University), Bengaluru, India ABSTRACT Cartels represent one of the most harmful forms of anti-competitive conduct, undermining market fairness by fixing prices, limiting production, and manipulating tenders. Their inherently secretive nature makes them difficult to detect, leading many jurisdictions to adopt leniency programs that incentivize cartel members to disclose information
IJLLR Journal
Feb 181 min read
Media Freedom Vs Media Trial: A Constitutional Study Of Free Speech And Regulatory Controls In India
Jeyachandrika L, School of Law, Christ University ABSTRACT The media occupies a pivotal position in a constitutional democracy. In India, the freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution forms the bedrock of press freedom and ensures an informed citizenry, transparency, and accountability in governance. At the same time, the rise of sensationalism, competitive journalism, and 24×7 news cycles has given birth to the phenomenon of "medi
IJLLR Journal
Feb 181 min read
Training AI On Copyright Works: Is India Moving Towards a Compulsory Licensing Regime?
Ananya Karan, Maharaja Agrasen Institute of Management Studies, GGSIPU ABSTRACT The rapid development of generative artificial intelligence (AI) has led to the worldwide debate of the legality of training AI models on copyrighted content. The US goes mostly by the principle of fair use, the European Union has a kind of opt out system, and India has taken a different path altogether. In a move that kind of surprised everyone, India backed a royalty - based compulsory blanket
IJLLR Journal
Feb 181 min read
Effectiveness Of The Third Party In Resolution Of Internal Armed Conflicts And The Role Of Mediation
Sehar Gupta, Rajiv Gandhi National University of Law ABSTRACT This paper seeks to bring forth the effectiveness of the third party in resolution of internal armed conflicts and the role of mediation under the preview of comparative importance of various independent variables involved. The cases of Aceh, Mindanao, Kashmir and Sri Lanka have been analysed and observed to map the South Asian trend for third party mediation. The paper tries to bring forth the various essential el
IJLLR Journal
Feb 181 min read
Technological Disadvantages Against Women: Evaluating India’s Legal And Judicial Framework
Dhruv Jayeshbhai Shah, Faculty of Law, The Maharaja Sayajirao University of Baroda ABSTRACT The article examines how digital technologies in India simultaneously expand opportunities for women and intensify gendered vulnerabilities. It first traces the rise of technology facilitated violence against women, including cyberstalking, image-based abuse, deepfakes and financial scams, situating these harms within the digital gender divide and low levels of women’s digital literacy
IJLLR Journal
Feb 181 min read
Transforming Constitutional Governance: The Dual Role Of Judicial Activism And Restraint
Priyanka Pakhare, Balaji School of Law (BSL), Sri Balaji University Pune ABSTRACT The Constitution of India stands as the living framework of a nation, reflecting its core values, principles, and institutional design. Within this structure, judicial activism plays a crucial role in upholding constitutional governance, particularly in addressing modern human rights issues that outdated legal provisions may not adequately cover. The judiciary’s function in safeguarding human ri
IJLLR Journal
Feb 182 min read
Foreign Direct Investment, Private Equity Consolidation, And Cartelization In Indian Healthcare: A Study On Competition Law Gaps And Policy Imperatives
Mahesh K, Degree M Labs Sreenidhi M, SASTRA Deemed University ABSTRACT Foreign direct investment (FDI) has transformed India’s hospital sector from mission-driven care providers into vertically integrated, investor-controlled healthcare conglomerates, generating unprecedented consolidation across hospitals, pharmaceuticals, devices, diagnostics, and insurance. This paper argues that the resulting private equity (PE)–driven ecosystems pose a distinct cartelization risk, as coo
IJLLR Journal
Feb 181 min read
Custodial Torture In India: Constitutional Guarantees Vs. Ground Realities
Ayushi Vaid, LLM, Faculty of Law, University of Delhi. ABSTRACT Custodial violence remains one of the most heinous violations of human rights in India since it is deeply entrenched in the operational ethos and institutional framework of the police system. By focusing on standpoint of law enforcement, this research explores the complex social and institutional factors that facilitate torture. The research further explores how hierarchical constraints, political pressure, insuf
IJLLR Journal
Feb 181 min read
Bridging The Digital Divide: Challenges And Reforms In Electronic Evidence Law
Kaustubh Singh, Xavier’s Law School, St Xavier’s University, Kolkata ABSTRACT In today’s digital age, electronic evidence plays a pivotal role in both criminal and civil litigation. The Indian Evidence Act, 1872, as amended by the Information Technology Act, 2000, recognizes electronic records as documentary evidence. Section 65B of the Evidence Act provides a special procedure for the admissibility of electronic records, particularly when presented as secondary evidence. Thi
IJLLR Journal
Feb 181 min read
Preserving The Legacy Of West Bengal's Conch Shell Craftsmanship For Future Generations: A Necessity Of GI
Indranil Chakrabarty, Department of Law, Savitribai Phule Pune University, Pune ABSTRACT A distinctive cultural legacy that has been carried down throughout generations of artists is West Bengal's conch shell craft. But the craft is up against a number of obstacles, including as the loss of conventional expertise, competition from low-quality imitators, and a lack of protection. In this research paper we go over the importance of Geographical Indications (GI) in maintaining t
IJLLR Journal
Feb 181 min read
Efficacy Of The Witness Protection Scheme 2018: Challenges, Judicial Responses, And The Road Ahead
Dhiraj Kumar Mishra, University Department of Law, Tilka Manjhi Bhagalpur University, Bhagalpur, Bihar, India. Anamika Kumari, University Department of Law, Tilka Manjhi Bhagalpur University, Bhagalpur, Bihar, India. ABSTRACT Witness protection is a critical component of any criminal justice system that aspires to uphold fairness, transparency, and the rule of law. In India, the absence of a statutory witness protection framework has historically resulted in intimidation, coe
IJLLR Journal
Feb 181 min read
Consent Within Marriage: Rethinking Exception 2 To Section 63 BNS
Kanak Patware, Amity Law School, Noida, Uttar Pradesh ABSTRACT Rape is one of the most serious and violent crimes. It affects the victims both physically and mentally. This paper aims to examine the validity of Exception 2 of Section 63 of Bhartiya Nyaya Sanhita, 2023 which excludes sexual intercourse or sexual act by husband with his own wife not below eighteen years of age from the definition of Rape. This exception is based on the principle that wife is the property of hus
IJLLR Journal
Feb 182 min read
A Constitutional And Statutory Analysis Of Conflict Between Accused And Victim Rights In Indian Justice System
Aishwarya Patil, School of Law, Christ (Deemed to be University), Bangalore ABSTRACT Balancing the rights of the accused and victims remain one of the most pressing challenges in India’s criminal justice system. Traditional legal principles, such as “innocent until proven guilty” and “let hundreds of guilty be acquitted, but one innocent should not be convicted”, demonstrate the strong adherence to the ideals of not letting the people suffer injustice. While these safeguards
IJLLR Journal
Feb 182 min read
Reverse Mergers And Regulatory Arbitrage In Indian Capital Markets
Suhana John & Arunima Kumar, Amity Law School ABSTRACT Reverse mergers have historically functioned as an alternative route for private companies to access public capital markets without undergoing the rigors of an initial public offering. In India, regulatory interventions by the Ministry of Corporate Affairs and the Securities and Exchange Board of India (SEBI) have sought to curtail the use of reverse mergers as instruments of regulatory arbitrage. This paper critically ex
IJLLR Journal
Feb 181 min read
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