ISSUE 3

JOINT VENTURE AGREEMENT IN THE CONSTRUCTION INDUSTRY

Author: Bhawna Singh, Associate Executive, NEC Corporation 

In the present times, Joint ventures have become a standard way of doing business across all industries. But the most rapid growth of the joint ventures has been seen in the construction industry. These projects require a lot of capital and are pretty risky. It is not possible every time for one single company to join this business. There are high chances that they might lose the business to existing big firms. In order to survive in the industry, the most common way is to form a JV agreement. But what is a JV agreement, why do we form, and how do we form it is taken in this paper.

RIGHT TO PRIVACY AND DATA PROTECTION IN INDIA

Author: Shirin, SRM University, Sonipat, Delhi 

The Constitution recognizes an inherent right to privacy under Article 21. This fundamental right throws a long shadow on Indian law, affects legislative and judicial activity, and serves as a check on legislative and executive action. In addition to its consequences for public law, this right has inspired the establishment of a tortious right against the breach of privacy and the interpretation of rights inherent in laws governing consumer protection, health, information technology, and telecom licenses.

PROTECTION OF HEALTHCARE WORKERS AGAINST VIOLENCE WITH SPECIAL REFERENCE TO PANDEMIC TIMES: A LEGAL STUD

Author: Garvit Saraswat, Advocate, Rajasthan High Court (Bench), Jaipur 

Workplace violence against doctors is not new, but it had reached pandemic proportions in recent years. Doctors are more worried about their own safety and well-being at work. The current scenario has worsened due to insufficient government spending on healthcare, which is compounded by the patient’s poor socioeconomic condition and the ever-increasing expense of treatment. The motive of this research is to examine this crucial topic and to try to identify strategies to prevent it.

A STUDY ON SURROGACY: ISSUES AND PERSPECTIVE IN INDIAN SCENARIO

Author: Shivani Shrivastava, Panel Advocate, M.P. High Court, Jabalpur; B.A. L.L.B. (Hons.), L.L.M. (Criminal Law)

Surrogacy initially appears to be a desirable option because a needy surrogate mother receives much-needed money, an infertile couple has their long-desired biologically linked child, and the nation gains foreign exchange, but the reality shows the painful truth. Due to a lack of adequate legislation, commercial agencies and middlemen profit from the exploitation of both intended parents and surrogate mothers. This article gives fundamental understanding of what surrogacy is and the legal procedures that are followed in various nations throughout the world. It also highlights judicial approach, issues and analysis on this issue.

A STUDY OF EMERGING ISSUES IN CYBER LAW

Author: Anjali Lakhwani, 4th year, B.B.A. LL.B., Amity University, Chhatisgarh

All that in this day and age is racing to the digital world, utilizing digitization and systems administration to accelerate their admittance to the web-based world’s abundance of advantages. Showcasing, trade, and correspondence have all been altered, and new, beforehand non-existent areas like internet advertising, web-based business, and online interchanges have all arisen. Notwithstanding, just like with advancement, the hunter develops soon after the prey. Subsequently, the web-based world brought forth a totally new sort of criminal procedure known as digital wrongdoing.

BILATERAL INVESTMENT TREATY AND THE INDIAN JUDICIARY

Authors: Ipsita Aparajita Padhi, 3rd Year, B.A. L.L.B (Hons.), KIIT University, Bhubaneshwar 

Bilateral Investment treaties can be termed as an agreement between any two countries for fulfilling the purpose of protection and promoting their investments in or by companies or by individuals in each other’s territories. The first time a bilateral investment treaty was signed was in the year 1959 which was between the countries Pakistan and Germany. The aim of bringing up BIT was safeguarding and protecting the investments that was made between countries.

ANALYSING THE ROLE OF AMICUS CURIAE IN INTERNATIONAL INVESTMENT ARBITRATION AND HUMAN RIGHTS CONSIDERATIONS

Authors: Archana Goswami, 3rd Year L.L.B. (Hons.), Jindal Global Law School, Sonipat

The article pursues the analysis of the legal jurisprudence in matters of International Investment Arbitration and the subsumed or substantiated role of amicus curiae in the global legal forums. Pivotal focus is attached to international trade and connected disputes so as to reveal the existing dichotomy pertaining to the application human rights norms in such matters of conflict. In an attempt the extrapolate the manners in which global courts, tribunals and regimes treat the amici curiae, precedents set by such institutions are studied in necessary detail.

REGULATION OF OTT PLATFORM: IS THERE A NEED FOR CENSORSHIP?

Authors: Shaina Sengupta, 2nd Year B.B.A. L.L.B., University of Engineering and Management

In today’s generation, people prefer to stream OTT contents more than watching contents that are streamed on Indian television. One major reason for this shift is that the OTT contents are more diversified and explicit as creators have more creative freedom when it comes to OTT contents, unlike contents meant to be streamed on Indian televisions or theaters which are strictly regulated and censored by the Indian Government.

INTIMATE PARTNER VIOLENCE VICTIMIZATION

Authors: Haryaksh, Manipal University, Jaipur

Bhavik Kumar, Manipal University, Jaipur

Aparna Tomar, Manipal University, Jaipur

An act of aggression or abuse by the person having a very closed as well as an intimate relationship, and the relationship can be even of married couples or dating partner is known as Intimate Partner Violence Victimization. The severity and occurrence of Intimate partner violence differ from couple to couple. All societies across the globe are fighting a battle against this violence but there seems to be a dead end, it’s like a lost battle that they are fighting because the personals implementing the law against it or the one protecting the victim, might be an abuser in one way or the other which nobody can tell.

ASSESSING THE MERITS AND DEMERITS OF PARTICIPATORY RIGHTS OF PUBLIC WITH REGARDS TO EIA AND THE AARHUS CONVENTION

Authors: Tanish Amin, 2nd year, B.B.A. LL.B., Symbiosis Law School, Pune affiliated to Symbiosis International (Deemed) University

One of the main purposes of establishing law is to set standards in a specific jurisdiction on which it evolves through time. As per the World Bank, “the proposed EIA draft is out of sync with state practices, international law.” The very ecosystem we live in is being disregarded from the times of renaissance industrial revolution.

INDIA’S WHITE-COLLAR CRIME: A CRITICAL ANALYSIS

Authors: Surbhi Gill, Law Student, School of Law, Lovely Professional University, Jalandhar.


Richa Gaur, Assistant Professor, School of Law, Lovely Professional University, Jalandhar.


White collar crimes, when related to other modes of crimes, are much more likely to target corporations rather than individual people, as they involve a higher number of perpetrators, have quite a longer time, and follow a well-defined pattern. After so many economic and financial scandals, people were of the belief that scandals of such a nature were unlikely to hit the country or the market once again. But contrary to such expectations, the situation has been different.

RAPE AS SOCIAL PROBLEM: ISSUES & CHALLENGES

Authors: Ujjwal Chandra, 5th Year Law Student, School of Law, Lovely Professional University, Jalandhar.

Richa Gaur, Assistant Professor, School of Law, Lovely Professional University, Jalandhar.

The impact of rape situation characteristics on college students’ feelings regarding compassion for the victim and recommending that the occurrence be reported to the authorities was investigated in this study. The effect of media attention on these viewpoints is often looked into.

ISSUE 2

THE SIGNIFICANCE OF WAVING INTELLECTUAL PROPERTY PROTECTION ON CORONAVIRUS VACCINES

Authors: Abhishek Gupta, Graduate, Alliance University, Bangalore.

Vaccinations are the best possible way to combat the global pandemic which has resulted in complete devastation all around the globe. Mass vaccination against the severe acute respiratory syndrome coronavirus 2 (SARS-Cov-2) should be viewed as a global struggle in which no country, particularly low-income nations like Africa, can afford to fall behind.

SPORTS FOR DIVYANGJAN

Authors: Sachin Yadav, LL.M., National Law University, Delhi.

Pawan Kumar Yadav, LL.M., Faculty of Law, University of Delhi.

Sports has always been associated to fitness and as a career option, it has been restricted to abled person. Though with social inclusion emerging in every sphere of life these days, sports have also welcomed disabled persons for their representation via Paralympics game. In this growing world when everybody is running behind success and development, we tend to overlook other sections of the society which though being part of us and give their contribution to the society still being not recognised.

LAW OF DOMICILE UNDER INTERNATIONAL LAW

Authors:  Guriqbal Singh, Research Scholar, Punjabi University, Patiala.

Domicile is a crucial link in the chain of conflict of laws. It has a significant impact on taxation, marriage law, and property law, and may be quite helpful in the event of a controversy. Under various areas of law, it determines the contracting parties’ capacity to enter into a binding agreement. It is impossible to eradicate one’s place of origin. An individual can always fall back on the domicile of origin to cover any gaps left by a move away from a domicile of choice later down the road.

M&A TACTICS FOR CORPORATE RECOVERY IN THE TIME OF COVID-19 PANDEMIC

Authors:  Shashank Shekhar Singh, Assistant Professor, School of Legal Studies, Sangam University, Bhilwara (Rajasthan).

Ayush Patria, 4th year, B.A. LL.B., School of Legal Studies, Sangam University, Bhilwara (Rajasthan).

As the Covid-19 pandemic intensifies and the number of positive reports and casualties rises, countries, throughout the world, are enforcing tight restrictions and social distancing regulations. As the wheels of economic expansion grind to a halt, the disaster has morphed into a financial slump, plunging the banking sector into an unprecedented recession. As a result of this, India’s economy has come to a stop.

MARITAL RAPE: A BLOT ON THE DIGNITY AND AUTONOMY OF A WOMAN

Author: Shailja, Student, LL.M, Hidayatullah National Law University, Raipur (Chhatisgarh).

Women have been prone to violence and abuse in almost every county. They need extra legal safeguards to protect them from violence and other such atrocities that are carried against them. In India, the domestic violence has been an entrenched problem and it has only been intensified in the recent years. We can consider marital rape as one such exemplification of this domestic violence. Marital rape can be explained as an act of having forceful sex with the spouse without her proper consent.

 

JUDICIAL ACTIVISM AND ADMINISTRATIVE ACTIONS

Author: Sahil Rao, LL.M. Student, LLM, MNLU (Aurangabad).

Administrative law in the modern world is the result of the fast-growing socio-economic functioning of the states and the increased influence of the government. It has become a necessity in the modern developed society.  It is so because the relationship that exists between the administrative authorities and the people is becoming complex day by day. Administrative law is the answer to the necessity of regulating them complex relations that exists between society and administrative bodies.

 

COMPARATIVE ANALYSIS OF CONSTITUTIONAL RIGHTS OF WOMEN IN INDIA, US, AND UK

Author: Shailja, Student, LL.M. Hidayatullah National Law University, Raipur (Chhatisgarh).

Not just in India but around the globe, the struggle for women’s rights has been a long fight and one of the oldest ongoing struggles. Oppression against women has been omnipresent in all our societies for a long time. Our world has been a patriarchal society since its inception. Women are considered to be one of the most vulnerable sections of the society and hence are often subjected to abuse, violence or dominance

FAKE NEWS AND INTERNET

Author: Pooja M Mandotar, LL.M., Christ (Deemed To Be University), Bangalore.

In this Paper, I shall be focusing on one mode of propaganda called “Fake News” which has become a household issue and has gained attention in the journalistic as well as academic circles. The circulation of Fake News in the 21st century is not limited to the social media sphere but transcends to traditional media like Print and Broadcast.

BASE EROSION AND PROFIT SHIFTING IN CORPORATE LAW – HOW IT’S EFFECTED AND IT’S PART IN INDIA 

Author: Swagatha Daas, B.Com. LL.B., School of Law, University of Petroleum & Energy Studies, Dehradun.

TBEPS ought to at this point be a really recognizable abbreviation to the individuals who follow global assessment advancements. However, indeed it has a moderately short history. Accordingly, the OECD distributed its report, Addressing Base Erosion and Profit Shifting, in February 2013. The report noticed that in an inexorably interconnected world, public expense laws have not generally stayed up with worldwide organizations, smooth motion of capital and the ascent of the advanced economy, leaving holes that can be taken advantage of to create twofold non-tax collection.

THE LEGITIMACY OF INTERNATIONAL LAW IN GLOBALIZED CORPORATE STATE OF AFFAIRS 

Author: Deepali Lalit Diddee, Contract Analyst, Conga, Chennai (Apptus Technologies).

The research paper talks about the relationship between human rights and corporations that are capacious. Many scholars have argued that the concept of corporate responsibility in international law is uncertain. The reason being every state has its own laws that govern various jurisdictions. So when it comes to international law it had been very problematic as to the consent of states attributing such responsibility. 

EUTHANASIA IN INDIA

Author: Saptadip Nandi Chowdhury; 1st Year, B.A. LL.B., Kirit P. Mehta School of Law, NMIMS University, Mumbai.

When an individual ends his life, it is referred to as “suicide” however when a person’s life is ended by others at the desire of the deceased, it is referred to as “euthanasia” or “mercy killing.” This study aims to explain what euthanasia is and how it can be used in three different situations involving a living individual since birth. Although, the main aim of both suicide and euthanasia is self-destruction, there is significant distinction between the two. 

APPLICABLE LAW FOR INTERNATIONAL SURROGACY AGREEMENT

Author: Debayan Samanta; B.Sc. LL.B., KIIT School of Law School, Bhubaneswar.

Surrogacy is not a fresh principle in the modern age of needing a child, but the method of surrogacy has been used since old period. The technique of the assisted reproduction is nevertheless restricted to the marriages that are infertile and not ready to get a child with no healthcare abnormality, but the fertility treatment is also actually practiced by everyone who wishes to get a kid. 

CRITICAL EVALUATION OF PUBLIC INTEREST LITIGATIONS IN POLICY DECISION IN INDIA

Author: Kohelica Nag; 5th Year, B.A.LL.B., KIIT School of Law College, Bhubneshwar.

Public Interest litigation (PIL) holds a necessary position in the civil justice where it should obtain the goals which ought to infrequently be finished by traditional private litigation. PIL, for instance, provides a way to justice to deprived sections of society, gives an avenue to put into effect subtle or collective rights, and permits civil society to no longer solely unfold attention about human rights

MEDICAL NEGLIGENCE AMID COVID 19 WHOM TO BLAME

Author: Ankit Kumar; 3rd Year, B.B.A. LL.B., UPES Dehradun.

There is always a different bonding of trust between patients approaching a doctor that the doctor treats his or her medical problem. The relationship is completely a kind of bind trust of a person’s life. A doctor owes duties towards his patient and a breach of any duties which turned into negligent act by the doctor. The services of the doctors are covered under the provisions of the Consumer Protection Act, Indian Penal Code, Tort and Contract.

REAL ESTATE FRAUDS AND LAND GRABBING

Authors: Bhushan Yadav; 4th Year, B.B.A LL.B., MNLU Aurangabad.

Vaishnavi Kulkarni ; 4th Year, B.B.A LL.B.,  MNLUAurangabad.  

Sudhanshu Mishra; 4th Year, B.B.A LL.B., MNLU Aurangabad.

Isha Shukla; 5th Year, B.B.A LL.B.,  Bharti Vidyapeeth New Law College, Pune.

This paper is entirely based on the real estate frauds and land grabbing issues specially held in India. The paper also looks after the government perspective towards such frauds, and will also help in understanding these types of frauds beforehand; as such criteria have also been discussed and elaborated in order to create extra consciousness in the minds of people. Real estate scam is such which is not been addressed by many persons. 

ISSUE 1

WITNESS PROTECTION IN INDIA: A FUNDAMENTAL NEED IN CRIMINAL JUSTICE SYSTEM

Author: Komal Adwani; 4th  Year, B.A. LL.B. University of Mumbai, Mumbai.

The establishment of the judicial system is based on the fact that witnesses are not afraid, partial, and not intimidated or urged by the court. If witnesses are fired out of fear or intimidation, or out of grace or urge, then the foundation of justice will not only be weakened, it may even be eliminated. The public interest in due justice is as important as the defendant’s personal interest, and even more important. 

 

CAPITALIZATION OF INDIGENOUS KNOWLEDGE IN THIS GLOBAL EPOCH: ENCROACHING THE RIGHT OF THE INDIGENOUS POPULATION

Author: Apoorva Sekhar; 3rd Year, B.B.A. LL.B., KIIT School of Law, Orissa.

Globalization has reduced the effects of distance to an extent that even the remotest corners of the earth are interconnected with the rest of the world which has given rise to an immense compendium of information at the disposal of individuals who seek it out. Indigenous knowledge forms a part of this system which is often being used by corporate entities and research groups who reap immense commercial benefits without sharing it with the native owners of the information.

EMERGING TRENDS IN INTERNATIONAL LABOUR STANDARDS

Author: Prathyusha Kurukunda, B.A. LL.B., DSNLU.

With the end of World War I, there was huge unrest all over the world which made it necessary to establish universal peace. League of Nations was established in 1919 to achieve this goal and for the first time, not only the governmental bodies but also representatives of the world of works came together to form International Labour Organization (ILO) during the Peace Conference that put an end to the World War 1.

HONOR KILLING

Author: Meenal Maheshwari; 4th Year, B.A. LL.B., UPES, Dehradun.

The Indian Society is a desegregated and conventional society. There are different types of classes, creeds and categories. Everyone thinks that their class is the best overall, and everyone in this class must follow this particular custom in their own life. Customs and traditions, women are regarded as bearers of family honor.

INTERNATIONAL CRIMINAL COURT

Author: Mansi Arora; 2nd Year, B.B.A. LL.B., Law Center 1, Faculty Of Law, University of Delhi.

In this lengthy and prolonged attempt to build an international rule of law and deliver the offenders of odious crimes before the international criminal court was among the proudest successes Nevertheless, the ICC has withstood allegations of partiality and preferential treatment over its 10 years as an unbiased, independent legal institution which endanger its legitimacy.

OTT & SOCIAL MEDIA

Author: Dipti Dwivedi; 5th Year, B.A. LL.B., Chandigarh University, Chandigarh.

The internet revolution has generated a massive online market in all industries. The new platforms have established themselves as a source of entertainment for the general public. The availability of a wide range of services at the touch of a finger has had a bigger influence on society. It has risen to prominence as a source of opportunity and employment, but it also intrigues and influences others.

SEDITION

Author: Akhilesh Vyas; 4th Year, B.Com. LL.B., Manipal University, Jaipur.

The 1950 Indian Constitution confers on us several fundamental rights. One such right, provided in Article 19(1)(a), is “the right to free speech and expression”. That right is not absolute, however. In particular cases like as preventing the defamation of another person, safeguarding public order and decency, protecting the national integrity, etc.,

VIOLENCE AGAINST ADOLESCENT GIRLS AT EDUCATIONAL INSTITUTIONS

Author: Swati Pandey; B.A.LL.B. (Hons.), Amity Law School, Noida.

In my research, readers will examine prevailing violence almost every girl face at an educational institution. There are numerous offences committed either by male students or teachers consisting of bullying, blackmailing, corporal punishments, sexual abuse etc. The mirror reflects same picture of other South Asian countries too. United Nations deduced and showed concern regarding violence confronted globally regarding females and laid objectives and declarations to entrust and preserve women dignity.

UNIFORM CIVIL CODE IN INDIA

Author: Ayushi Chawla; 4th Year, B.A. LL.B., Vivekananda Institute of Professional Studies, New Delhi.

Indian constitution’s preamble states that India is a secular nation. There has been a lot of discussion about what being a secular state means. There have been many definitions or ideas given about what is the function of a secular state government. The biggest conflict which exists is that everyone has the right to follow a religion. The main problem that arises out of this is that one needs to understand what is the extent to which a government should intervene with the religious part.

NATIONAL SECURITY LAWS AND HUMAN RIGHTS: STORY OF CONFLICTING VIEWS

Author: Harshika Kapoor; LL.M, ILS Law College, Pune.

It has been a long fight, the fight between human rights and security laws. Nearly all the nations have violated the most basic of human rights when it came to national security concerns. Set up of Guantanamo Bay by America and the expose of the CIA by the Senate showed the ugly side of the west to the east.

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