Indian Journal of Law and Legal Research
ISSN: 2582-8878 | PIF: 6.605
Indexed at Manupatra, Google Scholar, HeinOnline & ROAD
Volume II Issue II
August - September 2021
Advika M, Sastra University, Tanjore, Tamil Nadu
Arthi R, Sastra University, Tanjore, Tamil Nadu
Page: 1-13
Devadasis or Joginis were young girls dedicated to the service of temples. This system was widely practiced in southern India, where they had a rich artistic tradition of dance and music, and were protected by their royal patrons.
Page: 14-26
Snehal Bhatia, Symbiosis Law School, Noida
In today's world, business transactions are frequently complex, multi-layered, and require parties from multiple jurisdictions signing numerous agreements. As a result, the parties engaged confront a number of challenges in ensuring that the transaction's primary economic goal is met all the while preserving the interests of other parties involved.
Ranjini Ghosh, Symbiosis Law School, Noida
Page: 27-32
This judgement passed by the Supreme Court of India is indicative of the shift in the real estate industry following the introduction of RERA (The Real Estate [Regulation and Development] Act, 2016) which has resulted in the rights of the homeowners being safeguarded against the malice of builders and realtors.
Sayan Ghosh, Symbiosis Law School, Noida
Madhu Rana, PhD Research Scholar, GITAM University Vishakhapatnam, Andhra Pradesh
Page: 33-48
In present time, sustainable management of Electronic Waste is immerging as a huge problem and developing countries are the main target of this problem, as the Electronic Waste either dumped in the developing countries or their own management of the Electronic Waste is not developed as effective as in developed countries.
Shreyasi Nath, KIIT School of Law
Page: 49-51
This manuscript deals with the basic procedure of credit risk analyzation where, the bank needs to go through the thorough details of the borrower, in order to understand the capability of the borrower of returning or paying off the loans that has been taken by him. The process of credit analyzation helps in the proper conduct of the entire lending procedure of the bank, it gives the bank or the creditor a sense of security, which is an important element in the functioning of any financial institution.
Beenu Ken, Galgotia University
Page: 52-67
That is why corporate social responsibility is important for corporate governance.1 It is already known that CSR is based on self-regulatory principles linked to internal and external management of the company. On the other hand, the term ‘corporate governance’ indicates to an idea of company’s governance and management issue.
Srishti Roy Barman, Hidayatullah National Law University, Naya Raipur
Page: 68-80
A sudden outbreak of coronavirus has put the world at halt. There has been a continuous debate amongst legal scholars and foreign governments to suspend the patent rights amidst Pandemic. According to article 7 of TRIPS agreement, the objective of an intellectual property regulation is to bring a balance of rights and obligations. One of the many mechanisms is compulsory license under patents. India is a member of the TRIPS agreement.
Devesh Kapoor, Symbiosis Law School, Pune
Page: 81-84
As a process, interpretation is simply how the courts of law determine the connotation of a statute or a provision of a statute to apply it to adjudicate a particular case. 1 Salmond understood it as the process that the courts of law utilize to understand the meaning of a legislature by using authoritative forms in which it is expressed.
K. Vennela, Bennett University
Page: 85-98
The legal system is full of complicated words and it's no different to divorce. People may consider a divorce and/or are currently filing for one and hear the word 'disposed' It's a step of the divorce process. The case is known as "active" before the final divorce decree is signed. This is known as case status which applies to whether a divorce has been finalized or not.
Devamshu Behl, O.P Jindal Global University
Page: 99-102
Discretion is the power to decide or act according to one’s judgement when there are multiple options available1 and often due to either the emergency situations or due to the impact of the contemporary philosophy of ‘welfare State' as ours ,where the social contract2 is between the citizens and state is such that latter has to protects and promotes the economic and social well-being of the of the former, , a phenomenon generally discernible where a large amount of discretion is vested in the hands of the administrative authorities.
Ipkshita Singh, School of Law Christ University, Bangalore
Page: -103-107
The Supreme Court of India in its recent decision in Ghanashyam Mishra and Sons v. Edelweiss Asset Reconstruction Company (“Edelweiss”) observed that after the approval of a resolution plan, all the claims shall be binding upon the corporate debtor and unadmitted claims shall stand extinguished on such date.1 This judgement crystallizes the clean slate theory laid down in the case of CoC of Essar Steel India Ltd.
Sukanya Bhat, Symbiosis Law School, Hyderabad
Page: -108-120
A sexual assault which involves sexual penetration or sexual intercourse without the person’s consent is called rape. In most of the cases, the victims are elderly women. In some cases, the victims are children. Few victims have critical injuries and the assault has a serious impact on the victim - both physical and mental, causing severe trauma that lasts for life.
Vaibhav Kartikeya Agrawal, Advocate
Page: 121-131
The maxim of justice, equity and good conscience evolved from England in thirteenth century when traditional common law was in force in England from times immemorial. This principle was introduced to remove the defects in Common Law Courts. The rigidity of common law judges and the bulky procedure in Court of law forced people to approach the king for justice.
Aman Pandey, Faculty of Law, University of Lucknow
Page: 132-142
The Election Commission of India is an autonomous Constitutional body which is entrusted with the tough task of conducting elections in a diverse country like India. The Commission endeavor to conduct free and fair election across the country in respect of Parliamentary and State Assemblies elections and to safeguard this objective it has to weigh up number of unprecedented challenges.
Shreya Shukla, Galgotias University
Page: 143-153
An Independent judiciary is important for a free society and a constituent democracy. It ensures the rule of law and realization of human rights and conjointly prosperity and stability of the society. The independence of the judiciary is often assured through the Constitution however it's going to even be assured through legislations, conventions and different appropriate norms and practices.
Aditya Awasthi, Asian Law College
Page: 154-170
Prison as a place where treatment takes precedence over custody is said to be the foundation for Prison Reform. The main obstacle to Prison Reform in India is Overcrowding. It is first recommended that prison populations be reduced by establishing Local Custodial facilities for unconvicted offenders and by using community treatment alternatives to minimize short term prison sentences
Piyush Goyal, Asian Law College
Anushka Jain, O.P. Jindal Global Law School
Page: 171-174
It is important to deliberate whether we as a society have moral limits which value personal liberty and privacy. To what extent are we willing to compromise our morals as well as personal liberty in pursuance of justice? With justice as an end goal if we are willing to compromise the means in which we pursue justice, then is it really justice then?
Dr. B. Rajeswari, Professor, Saveetha School of Law, Saveetha institute of Medical and Technology Sciences (SIMATS)
Page: 175-190
Child prostitution and the sexual trafficking of children is humanities greatest crime. The number of children becoming involved in the child sex trade is increasing at an alarming rate. The age at which the children are joining the sex trade is decreasing quickly. The profit potential in the life of a child prostitution is huge. So it is the risk of disease and death.
Pranjal Pagaria, Symbiosis Law School, Nagpur
Page: 191-196
Personal laws have always been an integral part of our country, with multiplicity of cultures, religions, customs, beliefs, practices and usages, a conflict between these laws and Fundamental Rights comes naturally. The Apex Court has taken a variety of stances when it comes to adjudicating on the Personal Laws. The tussle between the Fundamental Rights and Personal laws has been there for decades now but with the change in time the decisions of the Supreme court portrayed its liberal and broad approach to ensure the Rule of Law and supremacy of Fundamental Rights.
Manvee Sharma, Rajiv Gandhi National University of Law, Punjab
Page: 197-208
The Indian response to hunger is not up to the expectations. Over the years, people have been dying of starvation in a country which is one of the world’s largest producers of food. People in rural areas do not have access to food because they do not earn enough and have large families thus, a meagre income cannot buy food for all. In fact, the subsidies or the incentives that are taken up by the government for the poor or underprivileged never reach them due to high corruption at administrative level.
Gargey Yadav, School of Law, Galgotias University
Page: 209-213
In this paper the author tries to explain access to justice in the context of cattle. The access to justice is not merely to move to courts, but is also to develop law in view of doing justice. This paper highlights the criminology and victimology aspect of animals.
Aneira Pereira, Our Own English, Sharjah
Page: 214-221
This article offers a fresh perspective on the effectiveness of anti-corruption legislation in India. Scholars seeking to evaluate the effectiveness of the judiciary and the executive in implementing the anti-corruption law should compare the number of people who have engaged in corruption relative to the number of people who have been convicted for the same as well as the number of corruption-related cases that have been registered versus the number of cases that have been tried.
Karan Phatnani, New Law College (BVDU), Pune
Page: 222-235
The Doctrine of Blending postulates a coparcener intentionally throwing his independently acquired property into the joint family stock so as to form a part of it. This article projects that there is no presumption that a Joint Hindu Family possesses any joint family property simply because it is joint, or that if there was a nucleus, any acquisition made by any member of the joint family is joint family property.
Soumita Bhattacharya, Bangalore Institute of Legal Studies, Bengaluru
Rahul Sharma, Vivekanand College of Law, Aligarh
Page: 236-250
Air pollution is widely considered to be one of the most important threats to the life of all human beings in the world. Air is rarely clean since certain gases, such as sulphur dioxide, hydrogen sulphide, carbon monoxide, volcanic and swarm pollutants, wind vapour, plant pollen, etc., are continually applied to the air by a normal cycle.
Sparsh Sharma, Aligarh Muslim University, Aligarh
Page: 251-257
In simple terms freedom of press can be defined as the freedom to print and publish what one pleases, without prior permission. A free press is very essential for the proper functioning of a democracy. It serves as a powerful obstacle to any abuse of power by government. The importance conferred to freedom of the press can be contemplated from the fact that in contemporary times it is called the fourth pillar of a democratic government.
Ashutosh Kumar, Assistant Professor, Amity University, Patna, Bihar
Page: 258-265
Even after independence Indian criminal justice is operating with colonial penal code with slight amendments. As even today we are interpreting the law of sedition with colonial interpretation. We all are witnessing how right to speech and expression often becomes tool of sedition by police which ends in filing of FIR and registering case of sedition.
Mihir S. Asolekar, Maharashtra National Law University, Aurangabad
Page: 266-288
It is hoped that every nation state in the world should conform to the so-called “universal human rights”. The United Nations Organization elucidates the terminology “human rights” as the “rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status.
Aneira Pereira, Our Own English, Sharjah
Page: 289-301
This paper aims to provide a comparative study of the problems faced by Intellectual Property Right holders in the EU and South Asia. A concept like intellectual property rights may seem to be international in nature or transcend physical barriers. But upon careful research and reviewing, we were able to find varying problems that intellectual property rights holders face in different countries.
Srinidhi Gautam, Our Own English, Sharjah
Diksha Garewal Das, Assistant Professor At School Of Law, Jagran Lakecity University, Bhopal
Page: 302-320
Trade Related Aspects of Intellectual Property Rights (TRIPS) provides a regime for the protection of the intellectual property rights and provides various mechanisms through which a country can ensure in providing protection to the owners of the property.