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Property LawVolume 2Issue 2

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Mirzapur Moti Kureshi Case- a Landmark Judgement on the Question of Banning Cow Slaughter

Sohail VijMar 15, 202210.5281/zenodo.635940415 pages

In 2005, in the State of Gujarat vs Mirzapur Moti Kureshi Kassab Jamat 1 case, a seven-judge Supreme Court constitution bench heard a challenge of a complete ban of the slaughter of cow progeny in Gujarat. In a majority 6-1 ruling, the court held that such a ban is not a prohibition but

0 citations104 downloads13 min readPDF Available

LawVolume 2Issue 2

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Substantial Due Process and Procedural Due Process in Indian Legal System- Dimension of Judicial Review in India

Sakyasuddha SarkarMar 13, 202210.5281/zenodo.63504846 pages

The Supreme Court of India which is the apex court of the land over the time shifts from ‘Procedure established by law’ concept to the ‘Due process’ concept. Though, it shaped over a long history of Constitutional

0 citations101 downloads13 min readPDF Available

Competition LawVolume 2Issue 2

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Digital Payments and Competition Concerns

Gauri Sharma, Molshree TotlaMar 12, 202210.5281/zenodo.634844612 pages

In the new era of digitalization, the major players of digital payment dominate the market which might lead to the marginalization of small businesses. In order to prevent this, the Competition Commission of India is empowered to make rules which, however, is showing inconsistencies in it's decision. The research discusses the major competitive issues present in the digital market in the countries such as India, The Netherlands, and UK. Specifically with respect to Indian digital payment market, the competition issues in India in the digital payment market have been thoroughly analyzed with the help of cases such as the cases Re WhatsApp Pay Case/ Google Pay Case where the entities were charged for the abuse of dominant position. Thus, to take such actions the regulatory bodies such as CCI, NPCI and RBI exercise effective control in dealing with such issues.

#Whatsapppay#Cci#Npci

0 citations126 downloads14 min readPDF Available

Constitutional LawVolume 2Issue 2

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‘government Company’ – Is It ‘state’ for the Purpose of Constitutional Law

Srishti JAINMar 11, 202210.5281/zenodo.634774712 pages

The Companies Act, 2013 is a milestone legislation framework with far-reaching effects on all the companies registered or working in India. The major focus of this

0 citations91 downloads13 min readPDF Available

Criminal LawVolume 2Issue 2

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Need for Witness Protection Measure in India: a Critical Analysis

Saharshrarchi Pandey, NagpurMar 6, 202210.5281/zenodo.633173412 pages

“The role of a witness is fundamental in the criminal justice system of any country. They are an indispensable aid in the justice dispensation system in any civilized society. By giving evidence relating to the commission of an offence they bring the criminal justice machinery into action. The inception of administration of justice is largely cantered upon witnesses coming forward and deposing without pressure or enticement before a Court of law. The very institution of the criminal justice system gets annihilated if witnesses are threatened and incapacitated from tendering substantive evidence to the Court. The criminal justice system must endeavour to accomplish the intricate balance of conflicting interests of the accused, the victim and the society. The necessity of fairness permeates in every practice and process of law. Due to this, the parties often threaten the witnesses, turning them hostile and interfering with the fair administration of justice. The main reason behind hostility is that the witness is threatened and being pressurized by the accused or his family members to offer testimony in his/her favour. This has turned to a miscarriage of justice. Therefore, there is a need to adopt a proper and effective witness protection policy in the country. Hence, it becomes very important to protect the witnesses so that they do not get intimidated or fear revealing the truth in court.” This paper discusses the concept of witness protection, and talks about programmes in other common law countries. Further it analyses witness protection in India, the reasons for failure and finally suggestions to improve it. Hence, an earnest attempt is made in this

#Administration Of Justice#Witness#Hostile Witness

0 citations730 downloads14 min readPDF Available

Constitutional LawVolume 2Issue 2

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Does the Indian Constitution Require Transformation?

Sarthak ChughFeb 28, 202210.5281/zenodo.63089386 pages

The Indian constitution requires a transformation. The supreme legal document framed and adopted over seventy years ago needs a contextual, if not structural, reform in order to ensure that the liberties, rights, and protections it offers is relevant. This transformation that I propose is not necessarily about finding faults in the manner in which the Constitution is drafted but more so as a precautionary and prohibitory cause to avoid the scenario wherein the nation’s most crucial document becomes obsolete to protect the citizens and/or fails to offer them the due recognition that they deserve. From the outset, the Indian Constitution is one of the most detailed and prudently scrutinised constitutions in the world. It has seen over a hundred amendments within the first three quarters of its century making it flexible, too. However, it is not bereft from the need of a reform to, mainly but not limited to, its context and scope. Due to the aforementioned reasons, I find it appropriate to write this essay on the topic, “The changes our Constitution needs- A reformative Approach.”

#Transformation#Contextual#Precautionary

0 citations143 downloads14 min readPDF Available

Evidence LawVolume 2Issue 2

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Driverless Cars: a Distant Dream?

G. IyerFeb 18, 202210.5281/zenodo.61447088 pages

We live in the age where research on time travel is being carried out. The world has seen the famous mathematician Mrs. Shakunthala Devi who is popularly known as the human computer. Currently the world is witnessing a machine being conferred with citizenship. Artificial intelligence is fast developing. Automated/self driving cars are one such emerging area. An attempt has been made to explore automated/ self driving cars, its suitability to India, Indian laws revolving around it and the issues which need to be addressed.

0 citations140 downloads13 min readPDF Available

Criminal LawVolume 2Issue 2

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Constitutionality of the Exclusionary Clause of Marital Rape in India

Aditi SinghFeb 17, 202210.5281/zenodo.61263436 pages

The United Nations Convention on the Elimination of all Forms of Discrimination against Women, of which India is a signatory, proposes in its resolution that “marital rape” should be criminalised and that this sort of discrimination is an apparent infringement of the law of equality and human dignity. Unfortunately, India is still one of the countries wherein consent is irrevocable within the bounds of marriage. The arguments opposed to criminalising marital rape are varied but limited in nature. Simply put, they are devoid of the pillars of constitutionality that happen to be the building block of every law framed in India. Furthermore, the Preamble, which is a basic structure of the Indian constitution, solemnly resolves to secure to all citizens — justice, liberty of thought and expression, and equality of status; in real life, however, India is way behind in executing it. This article emphasizes the unconstitutionality of the Marital rape exclusion clause under the Indian Penal Code and its violative nature towards an individual’s fundamental rights guaranteed under Article 14 and Article 21 of the Indian Constitution specifically. Volume 2 – Issue 2 Journal of Multi-Disciplinary Legal Research ISSN: 2582-9947 WRITTEN BY: ADITI SINGH, ARMY INSTITUTE OF LAW (IV YEAR).

0 citations113 downloads14 min readPDF Available

Environmental LawVolume 2Issue 2

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Constitutional Provisions for the Protection of Environment in India

Smita SatapathyFeb 16, 202210.5281/zenodo.61093618 pages

Environment is the surroundings where we live in. It is necessary that we should conserve, protect or preserve the environment. Human beings are social animals. Basically it is the human right of every individual to live in a pollution free healthy environment. The Constitution of India provides various provisions which are essential and helpful for the protection of environment. As per the Hohfeld analysis of Jural Relatives, if you have Right then, you will have a corresponding Duty. Rights and duties are very important elements of Law. They correlated to each other in such a way that one cannot be conceived without the other. A right is always against someone upon whom the correlative duty is imposed. But as the time passes the citizens became conscious about their rights and thereby neglected their duties. Constitution of India has provided certain fundamental rights and fundamental duties to the citizens of India. The intention behind it was that the citizens and the State would shoulder the responsibility to protect the Constitutional order as their moral duty. In this paper, an attempt has been made to briefly outline the laws provided under the Constitution of India which are mainly relevant to protect and improve the environment.

#Environment#Protection#Rights

0 citations3,038 downloads14 min readPDF Available

Juvenile JusticeVolume 2Issue 2

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The Assisted Reproductive Technology (regulation) Bill, 2020- a Critical Analysis

Ananya SinghFeb 16, 202210.5281/zenodo.610926510 pages

The Assisted Reproductive Technologies (Regulation) Bill, 2020 is a new legislation that aims to regulate the surrogacy industry for which India has become a preferred destination by foreign citizens looking for “wombs for rent”. This study intends to investigate the role of a surrogate in the Bill's overall scheme, which focuses on the assisted reproductive technology business as a whole, of which surrogates are a component. The author finds in this study that the Bill ignores most of the problems relevant to a surrogate's interests, making her a minor actor in a billion-dollar industry to which she contributes significantly. In explaining this position, the author has analysed other aspects of the Bill also in detail while concluding generally that the Bill mainly thrusts the power of regulating commercial surrogacy in private players of the ART industry instead of giving her an independent berth. In fact, the Bill has been framed according to the processes in which the industry runs at present and to which the surrogates thrust themselves for money keeping their bargaining power questionable. Other ancillary shortcomings of the Bill, necessary to understanding the role of a surrogate has also been dealt with in the paper by the author. Volume 2 – Issue 2 Journal of Multi-Disciplinary Legal Research ISSN: 2582-9947

0 citations174 downloads14 min readPDF Available

Constitutional LawVolume 2Issue 2

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The Need to Regulate Fake News on Digital Platforms

Shilpa SanjeevanFeb 14, 202210.5281/zenodo.60796456 pages

“79% of the news you read online is fake” There, caught your attention, didn’t I? This is exactly how fake news is proliferated online. Fake news and hoaxes have been in existence from time immemorial. However, with the advent of internet, its rapid dissemination is generously facilitated by the internet. Fake news has taken various forms online, such as WhatsApp forwards, news with click bait headlines, and of late, at the onset of the global pandemic, it was termed as “Infodemic”, a plague of fake news. The proliferation of fake news by perpetrators is done tactfully by luring the public into believing their news, often replacing the true facts with fabricated statements and this can be perilous to the public’s perception of the daily updates. The eradication as well the regulation of such news becomes difficult as they are usually framed indistinguishable from the real news. This article emphasises the need to regulate such fake news online. Furthermore, it analyses the impact of the regulation on individual’s fundamental right. It also aims to lay down the consequences of the dissemination of fake news and the solutions to combat the same. It further deals with how various groups of the society can do their part in breaking the chain of fake news

#Fake News#Infodemic#Regulation

0 citations151 downloads14 min readPDF Available

Criminal LawVolume 2Issue 2

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Challenges to Female Criminality

Pratyay AmritFeb 14, 202210.5281/zenodo.607959010 pages

The current study focuses on the global scourge of rising female criminality, which has recently become a focus of criminal policy, law, and justice in the modern world. Women's crime accounts for a small percentage of total crime, but it is growing at a

0 citations94 downloads13 min readPDF Available

Dispute Resolution / ADRVolume 2Issue 2

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The Transformative Characteristics of Beneficiary State Confutations in Investor-State Arbitration with Particular Innuendo to the Indian Scenario

Yash PatilFeb 14, 202210.5281/zenodo.607967916 pages

The purpose of this paper is to explain the legal problem that exists in the context of host state counterclaims in investment arbitration. The complexity of the system of investor-state arbitration is shown by the host state’s counterclaims against the investor. State governments do not automatically have the authority to launch counterclaims against investors in investment arbitration, in contrast to commercial arbitration. It is the goal of this article to provide a complete examination of the law governing host state counterclaims in the context of the Investor-State Dispute Settlement system. The report emphasises the need of allowing counterclaims by the host state. As part of this process, it will critically examine the conditions for admission of host state counterclaims, which include the requirements for consent, connectivity, arbitration rules, and procedural requirements, as well as efforts to integrate these requirements. In addition, this study examines a number of International Investment Agreements and highlights the disparate methods taken by different countries to host state counterclaims in investment arbitration. Following that, it outlines the Indian approach to counterclaims in the context of investment treaty practise. The Draft India Model Bilateral Investment Treaty of 2015 and the India Model Bilateral Investment Treaty of 2016 will be particularly scrutinised as part of this process. Following that, the presentation will explore recent arbitral rulings dealing with counterclaims, as well as their interpretation of the dispute resolution clauses of the underlying International Investment Agreements. At the end of the paper, the author offers a model clause that corresponds to Article 28(9) of the Common Market for Eastern and Southern Africa Investment Agreement and Article 14.11 of the Draft India Model Contract. Volume 2 – Issue 2 Journal of Multi-Disciplinary Legal Research ISSN: 2582-9947

0 citations106 downloads14 min readPDF Available

Corporate & Company LawVolume 2Issue 2

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Human Rights Due Diligence as a Tool to Prevent Business Human Rights Abuses - a Critical Analysis

Amrita MalikFeb 13, 202210.5281/zenodo.606389417 pages

Human rights due diligence is considered to be an essential component of international, regional, and national discussions about corporate accountability for human rights violations. It is a process in which corporations evaluate existing and potential human rights impacts, integrate and act on the results, track responses, and explain how those impacts are addressed. However, due to lack of research in this area to evaluate how effective human rights due diligence is and whether its purpose of preventing corporate activities that harm human rights has been realized in state and business practices. The components of human rights due diligence are outlined in the United Nations Guiding Principles on Business and Human Rights. The UNGPs, provides for primary parameters for examining corporate accountability for human rights violations on a worldwide scale, and place a strong emphasis on due diligence. Recognizing the distinctive features of human rights due diligence is critical to the effective identification and management of human rights impacts associated with a business's operations, supply chains, or value chains. Despite the fact that there has been a lot published on human rights due diligence, many businesses are still unsure of what is necessary. Further guidance is needed to help businesses grasp the scope, meaning, and consequences of the Guiding Principles' human rights due diligence. This paper will look at prevention from the perspective of the business and human rights regulatory framework. This will be accomplished by defining important HRDD terms. The aim of Volume 2 – Issue 2 Journal of Multi-Disciplinary Legal Research ISSN: 2582-9947 the paper is to clarify what the UNGPs say about due diligence while stressing on the critical elements that businesses should be aware of.

#Human Rights Due Diligence#Business#United Nations Guiding Principle

0 citations132 downloads14 min readPDF Available

LawVolume 2Issue 2

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Derivative Action, Class Action and Representative Suits

Priyanka SonowalFeb 12, 202210.5281/zenodo.605508719 pages

The paper provides a critical overview of Derivative Action, Class Action, and Representative Suit. It focuses on Derivative Action, Class Action and Representative Suit, origin of all the three concepts, how do we get derivative action with the references

0 citations163 downloads13 min readPDF Available

Dispute Resolution / ADRVolume 2Issue 1

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Arbitration as a Tool to Resolve International Tax Disputes

Priya VJan 15, 202210.5281/zenodo.58547489 pages

Arbitration has grown tremendously as an effective mechanism in resolving disputes. While it was initially accessed in resolving commercial disputes, the timely resolution of disputes, expertise of the arbitrators and lesser compliances has led to its proliferation. The subject-matter of arbitration has been steadily increasing to an extent that even tax matters, which are considered to be a major contributor to the economic base of any given country is also referred to arbitration. The question whether tax disputes can be arbitrated or not was for long in vogue, receiving different views. This paper tries to identify arbitration as an effective tool on resolving international tax disputes. The paper is divided into two parts for better understanding. The first portion deals with a general understanding of tax and arbitration, while the second deals with the Mutual Agreement Procedure adopted under the Model Tax Conventions and a perusal of BEPS Action Plan 14, which is a part of minimum standards to make dispute resolution more effective.

#Arbitration#International Tax#Mutual Agreement Procedure

0 citations102 downloads14 min readPDF Available

Human Rights & International LawVolume 2Issue 1

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Impact of Dumping and Health Care

Sheikh RanaJan 15, 202210.5281/zenodo.585474617 pages

Anti-dumping duties have been increasingly popular in recent years as a mechanism for correcting market inefficiencies caused by international trade liberalisation. Several recently industrialized countries, like Japan, Korea, Taiwan, and now China, have been accused of dumping their products on the world market in order to achieve stronger market penetration and, in the long run, higher profits if their competitors leave the market. The Ministry of Commerce and Industry responsible for free and fair trade in India considers dumping to occur ‘When the export price of the goods imported in India is less than the normal value of the like articles sold in the domestic market.’ Even though members of the World Trade Organization (WTO) are required to trade freely, there are some exceptions. One is when goods are suspected of being dumped in a foreign market, which implies that the exporter sells the product at a cheaper price in the international market than in its domestic market. Along with the Anti-dumping Agreement, GATT Article VI governs this. Imported medical devices account for approximately 80% of overall sales in the medical device sector. Domestic Enterprises are primarily engaged in the production of low cost goods for both domestic and foreign markets.1 1 https://timesofindia.indiatimes.com/business/indiabusiness/80-medical-equipment-imported-doctors-say/ articleshow/56081617.cms (last accessed: February 27, 2018. 1|Page Volume 2 – Issue 1 Journal of Multi-Disciplinary Legal Research ISSN: 2582-9947 I also provide links to resources and extensive data on available to study AD, as well as my own perspectives (in a concluding section).

#- Anti-dumping#Anti-dumping Agreement#Wto Etc. Chapter

0 citations98 downloads14 min readPDF Available

Family LawVolume 2Issue 1

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At the Cusp of Law & Psychology: an Analysis of Forensic Psychiatry and Its Intersection with Legislature and Legal Proceedings

Sanika FegadeJan 15, 202210.5281/zenodo.585474215 pages

The study of law is highly dynamic and intersectional. One such intersection is that of Psychology and Law. Both these fields deal with human behaviour. This paper attempts to highlight the interplay between these two fields by discussing various legislations like The Family Courts Act 1984, Narcotic Drugs and Psychotropic Substances Act 1985, Juvenile Justice Act 1986, Consumer Protection Act 1986, Persons with Disability Act 1995, The Maintenance and Welfare of Senior Citizens Act 2007 and analyses the way forensic psychiatry has been applied to these legislation. The paper also evaluates the use of forensic psychiatry in imperative judicial processes such as witness testimony and legal divorce counselling.

#Forensic Psychiatry#India#Law

0 citations129 downloads14 min readPDF Available

Corporate & Company LawVolume 2Issue 1

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Smart Contracts: Roadway to Global Village

G. IyerJan 15, 202210.5281/zenodo.58547349 pages

In the 21st Century in the world of computers everything is digitalized. This is an era of smart phones, smart classes and smart contracts. The world is being held in our palms. Contracts are being entered into across the globe day in a day out. Smart contract solves the issue of physical distance. This paper throws light on origin of smart contracts, its progression, its usage, its merits and demerits. The paper throws light on the Indian laws which revolve around smart contracts. The author has incorporated suggestions for the better execution of smart contracts. Volume 2 – Issue 1 Journal of Multi-Disciplinary Legal Research ISSN: 2582-9947 SMART CONTRACTS: ROADWAY TO GLOBAL VILLAGE

0 citations130 downloads14 min readPDF Available

Corporate & Company LawVolume 2Issue 1

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Corporate Social Responsibility: a Burden Or Benefit?

Abhishek Bhatt, Shubham Saini, Akash DixitJan 13, 202210.5281/zenodo.584680015 pages

A corporation is incorporated for the purpose of advancement of economy and society. Business largely produces good things in our society. At the same time, it also possesses the potential to cause great harm such as environment degradation, accidents and many more. In between good things and bad things there arise a need to find out the real aim of corporation for this around the world the concept of Corporate Social responsibility (CSR) have been discovered as to the objective of the concept of CSR is deciding where company fit in the social fabric. There is no certain definition of CSR. This uncertainty makes it strenuous for legislators to include CSR in statutes. The current coronavirus pandemic has shown us the social responsibility of the corporations whereby various judicial orders reflect the importance of CSR as the directions were made to the companies and many new regulations were bought by the state to enhance the efficiency of provision. This paper will here analyse the clash of shareholders interest and CSR activities. This paper will further talk with how CSR can be safely sheltered under the company law and the various issues that create hindrance in implementing CSR particularly governance mismanagement of which globalisation of corporations is a big factor and this paper will also analyse the nexus between the main objective of the incorporation that is profit making and CSR. Volume 2 – Issue 1 Journal of Multi-Disciplinary Legal Research ISSN: 2582-9947 In Addition to that this research paper will proceed with a hypothesis that the recent amendment bought in Section 135, Companies Act,2013 and CSR rules are not adequate in addressing the balance between the interest of shareholders and CSR activities merely adding the teeth to the provision will not resolve the main issue but merely end up as a compliance requirement the core objective of CSR as stated by Praveen Malla1 while discussing social contract theory explains the role of corporations as social institutions are not fulfilled. The essence of the balance of interest of Corporations and society lies in the good governance.

#Corporate Social Responsibility#Shareholders#Globalization

0 citations129 downloads15 min readPDF Available

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