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Speedy Trial In Rape Cases In India: A Critical Analysis Of The Criminal Justice System
M. Saranya, BSc., LL.B., S. Thangapazham Law College, Vasudevanallur, Tenkasi, Tamilnadu. K. Rajesh Kumar, B.COM. ML. (Ph.D), Faculty of Law, S. Thangapazham Law College, Vasudevanallur, Tenkasi, Tamilnadu. ABSTRACT Speedy trial is an essential component of a fair and effective criminal justice system. In cases involving rape and other sexual offences, timely investigation and trial are particularly important because prolonged criminal proceedings may cause severe psychologic
IJLLR Journal
Aug 302 min read
When Does Price Differentiation Become Discrimination? A Comparative Study Of Article 102(C) TFEU And Section 4(2)(A)(II) Of The Competition Act, 2002
Aditya Pathak, National Law Institute University, Bhopal Aditya Nigam, National Law Institute University, Bhopal ABSTRACT This paper explores the critical legal distinction between legitimate price differentiation and prohibited discriminatory pricing under Article 102(c) TFEU and Section 4(2)(a)(ii) of the Indian Competition Act, 2002. While price differentiation is often an economically rational business strategy, it triggers regulatory scrutiny when implemented by a domina
IJLLR Journal
Aug 281 min read
Cyber Armed Attacks And Collective Defense: The Role Of NATO's Article 5 In The Digital Age
Rishiraj Nalte, Alliance School of Law ABSTRACT The rise of cyberspace as a domain of warfare presents a profound challenge to traditional collective defence principles, particularly for NATO and its cornerstone Article 5, which declares an attack on one member an attack on all. The central issue of the paper is whether a cyber-attack can be legally classified as an "armed attack" under international law, a prerequisite for triggering the right to self-defence enshrined in Ar
IJLLR Journal
Aug 282 min read
Anti-Dumping Duty In India: A Critical Analysis Of Its Effectiveness In Protecting Domestic Industries While Promoting Fair International Trade
Sridhanya A, LL.B., KMC College of Law ABSTRACT This research mainly focuses on the concept of Dumping which is an unfair trade practices under the international trade. It also focuses on the Anti- Dumping Duty imposed in India to prevent unfair trade practices. Due to Globalization, the imports and exports between the countries are increasing. In this situation, the import of foreign goods at low price may threatens the domestic manufacturers. The concept of importing foreig
IJLLR Journal
Aug 282 min read
Uncorking Hierarchy: Rethinking The Hierarchy Of Protection Under Articles 22 And 23 Of The Trips Agreement
Dharani Geddam, O.P. Jindal Global University ABSTRACT Geographical Indications (GIs) under the the Trade-Related Intellectual Property Right (TRIPS) Agreement provide for the protection of the unique characteristic and quality of a good essentially attributable to their geographical origin. However, the protection guaranteed under the TRIPS greatly differs between Article 22 and 23. While Article 22 guarantees a general level of protection to all GIs; it is often contingent
IJLLR Journal
Aug 281 min read
Balancing Innovation And Authors' Rights In The Era Of Artificial Intelligence
Suryamani Bhaskar, Yashwant Rao Chavan Law College ABSTRACT Artificial intelligence has moved from a peripheral tool to a central force in creative production, generating text, images, music and code with diminishing human intervention at the point of output. This shift unsettles foundational premises of copyright law, particularly the requirements of human authorship and originality, and raises difficult questions about the legality of using copyrighted works to train genera
IJLLR Journal
Aug 281 min read
Voluntary Winding-Up Under IBC 2016 And Companies Act 2013
Aastha Rathi, Campus Law Centre, Faculty of Law, University of Delhi ABSTRACT India's corporate insolvency and winding-up framework currently offers two distinct pathways for dissolving a company: voluntary liquidation under Section 59 of the Insolvency and Bankruptcy Code, 2016 ("IBC"), and voluntary winding-up under Sections 271(a) and 272 of the Companies Act, 2013. While the IBC route is time-bound, creditor-friendly, and free of tribunal interference, it is available onl
IJLLR Journal
Aug 281 min read
Legal Mechanism Of Consumer’s Grievance Redressal And Its Role In Economic Development Of Nation: A New India Tool Of Speedy Justice
Abhimanyu Kumar Tiwari, Research Scholar, Faculty of Law, Lucknow University, Lucknow. Dr. Mohammad Ahmad Professor, Faculty of Law, Lucknow University, Lucknow. ABSTRACT By creating a fair and efficient market, consumer grievance redressal processes help nations thrive economically. India's fast economic expansion and urbanisation require an effective grievance redressal mechanism to protect consumer rights and market integrity. This research study examines India's consumer
IJLLR Journal
Aug 283 min read
Digital Arrest In India: Simulated State Coercion, Cyber Fraud And The Regulatory Limits Of Criminal Law
Adv. Sonia Saini, Managing Partner, SS Global Law Firm, New Delhi ABSTRACT ‘Digital arrest’ has emerged as one of the most disturbing forms of cyber- enabled financial fraud in India. Fraudsters impersonate police officers, officers of the Central Bureau of Investigation (CBI), the Enforcement Directorate, customs officials, regulators and even judicial authorities; display fabricated warrants and official-looking communications; accuse victims of offences such as money laund
IJLLR Journal
Aug 282 min read
Epistemic Injustice In Evidentiary Jurisprudence: A Critical Analysis Of Credibility Evaluation And Hermeneutical Marginalization In Trial Courts
Sagarika K.N., School of Law, Karnataka State Law University (KSLU) ABSTRACT Evidentiary jurisprudence is structurally predicated on the objective discovery of truth and the rational assessment of proof. However, the legal architecture governing testimony, witness credibility, and fact-finding often operates as a site of profound epistemic injustice. Drawing upon Miranda Fricker’s conceptual framework of epistemic injustice specifically testimonial injustice and hermeneutical
IJLLR Journal
Aug 281 min read
Examining The Challenges Undermining The Evidentiary Value Of DNA Evidence In Indian Criminal Trials
Ms. Mahima Makkar and Dr. Mona Goel ABSTRACT In Indian criminal jurisprudence, DNA profiling occupies a paradoxical position. It is viewed by the court and the public as the closest approximation of scientific certainty that is accessible to any fact-finder; it is merely one type of opinion evidence under Section 45 of the Indian Evidence Act, 1872 (now Section 39 of the Bharatiya Sakshya Adhiniyam, 2023), whose weight depends on the integrity of the process that produced it.
IJLLR Journal
Aug 281 min read
Digital Domestic Violence Against Women In Bharat: A Critical Socio-Legal Study Of Cyberstalking, Digital Surveillance, Economic Abuse And Coercive Control
Dr. Deepti Trivedi, Assistant Professor, Department of Law, M.D.S. University, Ajmer, Rajasthan ORCID ID: 0009-0005-2026-3291 ABSTRACT The rapid growth of digital technology has transformed family relationships and everyday communication in Bharat. Smartphones, social media, online banking, digital payment systems, messaging applications and location- based services have created valuable opportunities for women in education, employment, financial participation and social inte
IJLLR Journal
Aug 281 min read
Digital Abuse Of Children In India: Emerging Challenges And The Efficacy Of The POCSO Act, 2012
Robin Bharti, Research Scholar, Department of Law, Kurukshetra University Kurukshetra, Haryana, India Dr. Pooja, Assistant Professor, Department of Law, Kurukshetra University Kurukshetra, Haryana, India. ABSTRACT The high speed of the growth of digital technologies has changed the way children communicate, learn, socialise and get access to information. Nevertheless, greater exposure to the digital world has also led to new prospects of abusing, exploiting and harassing chil
IJLLR Journal
Aug 282 min read
Stakes, Statutes, Seizures: The Fault Lines In India's Gaming Crackdown
Vanshika Sharma, National Law University Odisha ABSTRACT India has restructured the legal framework that has safeguarded real money gaming over the past sixty years, employing three different mechanisms to accomplish this. According to the Promotion and Regulation of Online Gaming Act 2025, the Prevention of Money Laundering Act, and the GST system, none of these laws has considered one another, and they all ignored the rules from the Supreme Court of India’s 1967 verdict in
IJLLR Journal
Aug 281 min read
Material Adverse Change Clauses In India: Drafting For Enforceability
Aaves Khan, B.A. LL.B., Modern Law College, Pune, Affiliated with Savitribai Phule Pune University ABSTRACT Material Adverse Change Clauses serve as an important contractual tool for allocating risk in mergers and acquisitions, particularly during the period between signing and closing. In India, however, the practical enforceability of such clauses is shaped by courts’ cautious approach to contractual frustration under Section 56 of the Indian Contract Act,1872, as well as b
IJLLR Journal
Aug 281 min read
From Colonial Law To The BNS: Necrophilia And The Unresolved Legal Gap In Indian Criminal Law
Hanslata Rastogi, B.A. LL.B. (Hons.), Central University of South Bihar Gaya ABSTRACT The transformation from the Indian Penal Code to the Bharti Nyaya Sanhita, 2023 (“BNS”) was popularized as an opportunity to move from the colonial laws and modernize Indian Criminal Law. Yet the recodification has reproduced, almost verbatim, a colonial- era lacuna: the absence of any provision that specifically criminalizes sexual acts committed upon a human corpse (necrophilia). Indian co
IJLLR Journal
Aug 282 min read
Protection Of Wildlife In India: Ecological Importance, Legal Framework And Contemporary Challenges
Dr. Babita Negi, Independent Researcher, Himachal Pradesh, India ABSTRACT Wildlife constitutes an essential component of the ecological system and plays a significant role in maintaining biodiversity, ecological balance and the well-being of present and future generations. India, with its diverse geographical regions and rich biological resources, possesses a wide variety of flora and fauna. However, increasing human intervention, habitat destruction, illegal wildlife trade,
IJLLR Journal
Aug 281 min read
Unacknowledged Atrocities: A Witch-Hunting Practice In India
Deepti Sankratyayan, Research Scholar, Pursuing PhD, Faculty of Law, University of Delhi. ABSTRACT Misogynistic nexus of Indian Society finds a way to inculpate females for any misfortune that happens in someone’s life or in the society. Witchcraft is a practice and belief in magical abilities to cast spell on someone while witch-hunting is an act by which women is branded as a witch locally named as “daiin, dakan, chudail, etc. and is severally punished by the whole communit
IJLLR Journal
Aug 283 min read
The Psychology Of Trademark Confusion: A Behavioural Approach To Consumer Protection And Brand Protection
Abu Hena Mustafa Kamal, South Calcutta Law College, University of Calcutta ABSTRACT Trademark law is fundamentally concerned with preventing consumer confusion, yet confusion itself is deeply rooted in human cognition and behaviour. Consumers rarely evaluate competing trademarks through meticulous legal comparison; instead, they rely on memory, perception, recognition, association, and cognitive shortcuts when making purchasing decisions. This article examines trademark confu
IJLLR Journal
Aug 281 min read
Ring-Fencing Innovation: Why Corporations Separate Intellectual Property From Operations
Thaneshwar Chakrawarti, IP Lawyer and Alumni IIT Kharagpur Law School In the contemporary knowledge economy, a firm's most consequential assets are seldom the factories it runs or the inventory sitting in its warehouses. More often, value resides in proprietary software, specialized patents, closely guarded trade secrets, and globally recognized trademarks. Given the outsized importance of these intangible holdings, corporate architects have increasingly chosen not to house t
IJLLR Journal
Aug 281 min read
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