Research archive
Search across journals, authors, DOI, keywords, volume, issue, categories and AI-powered recommendations.
Journal metrics
Published papers
0
Meher MansiDec 17, 202110.5281/zenodo.57895306 pages
Delegated legislation is one of the most important branches of administrative law. Half of the cases on administrative law are related to issues regarding delegated legislation. There is a lot of scope for delegated legislations where the legislative power is
Yashas MalikDec 15, 202110.5281/zenodo.578442710 pages
Enforceability and Validity of Online Contracts and Electronic Signatures The Covid-19 pandemic has created chaos worldwide, with all major economies under strict lockdown for months. Due to such issues, the execution of contracts has posed a
Maitra BadagiDec 14, 202110.5281/zenodo.577875211 pages
The reservation policy has some flaws in it. It itself discriminates among the people. The issue is that reservation emphasizes on the caste or the tribe for identification of backwardness rather than wealth or income. The goal of reservation should be to improve the welfare of the socially and economically backward classes. Hence there is an imminent need to expand the scope of creamy layer. Firstly the concept of reservation is explained. Reservation is the process of facilitating people in education, scholarship, employment, promotion. Then the need for this study is mentioned that is the reservation provided under the Constitution is being misused. Later, problems are listed. Secondly all the constitutional aspects of reservation are explained. Preamble aims at promising its citizens equality. Article 14 of the Constitution guarantees equality before the law and equal protection of the laws. State has the power to classify and categorize people to different groups. Supreme Court developed the jurisprudence of the Article 14 and developed the doctrine of classification. Article 15 and 16 ensures reservation for socially and economically backward classes which also includes scheduled castes and scheduled tribes. Protective discrimination can be made among the people because equals should not be treated unequally and unequals should not be treated equally. Judiciary has said in many cases that the schemes of protective discrimination should be in accordance with the constitutionally permissible objectives and methods. Creamy layer test was formulated as a response to the Indra Sawhney judgement. The objective of creamy layer test is that equals should be treated equally and unequals should be treated unequally. Thirdly the quantum of reservation is an important aspect, as to how much percentage is reserved. As a result of this 50 per cent rule was introduced. Lastly the problem of exclusion of creamy layer is answered. Volume 2 – Issue 1 Journal of Multi-Disciplinary Legal Research ISSN: 2582-9947 RESERVATION IN INDIA: AN IMPEDING NEED FOR REFORM
Anindo ChatterjeeDec 14, 202110.5281/zenodo.57784989 pages
The following article has been written with an intent to give a brief overview of the wide topic that is patent and laws related to it in India. It starts with an introduction of the topic that tells us about the significance of patents in today’s society and why it is needed. Then we learn about the general definition of patents. Yes, it can be defined in a number of ways but what can be the crux of those definitions has been discussed along with the definition as mentioned in the Patents Act, 1970. Then we move to the very crucial topic that is the criteria of patentability which discusses what all are the essential criteria for patentability in India. Going forward to avoid confusion we deal with some of the differences between the other IPRs and Patents. But to know anything well enough we need to know the practical process behind obtaining a patent followed by the non-patentable items and rights of the person being granted a patent. Finally, we progress into the conclusion that ends on the note that this article will open broader perspectives about patents for the newfound IPR enthusiasts and students alike.
Majority Society., C. Salini, Shona.k.pDec 14, 202110.5281/zenodo.57785086 pages
In the modern society technology and industrial development creates revolution in all the aspects of life. The concept of globalisation has changed our social life like the family structure and the marriage. In our country the marriage is considered as a sacramental
Charvi AkankshaDec 13, 202110.5281/zenodo.57772377 pages
Indian Civilisation has guaranteed religious tolerance since time immemorial, still, the malleability of such human values often becomes a tool for manipulation. Thus, the protection of such human values and beliefs becomes imperative. Unprecedented opinions of the Supreme Court led to the emergence of Essential Religious Doctrine in the Shirur Mutt case1 deciding state intervention for religious endowments, and resurrection of the same was accorded in the Sabarimala case2 regarding the practice of restricting women entry in the Sabarimala temple. Essential Religious Practice (ERP) Doctrine segmented religion into two parts: Essential and Non- Essential practices. ERP Doctrine only gives protection to essential religious practices. It redefines the scope of state intervention for performing a gatekeeping function3 in the policies concerning religious matters by adding an extra restriction to Article 25 (Right to Religion)4 which is already subjected to public order and morality5. The non-essential characters have been derived in both the above- mentioned practices for religious endowments, matrimonial affairs and restrictions on women entering the temple, etc. 1 Commissioner, Hindu Religious Endowments, Madras v Lakshmindra Thirtha Swamiar of Sri Shirur Mutt [1954] AIR 282. 2 Indian Young Lawyers Association v State of Kerala (2019) 11 SCC 1: [2018] 8 SCJ 609. 3 Tarunabh Khaitan, ‘The Essential Practices Test and Freedom of Religion – Notes on Sabarimala’ (Indian Constitutional Law and Philosophy, 29 July 2018) 4 Constitution of India 1950 5 Aftab Alam, ‘The Idea of Secularism and the Supreme Court of India’ (2010) Pluralism Working Paper Series No. 5, 21-22 1 Volume 2 – Issue 1 Journal of Multi-Disciplinary Legal Research ISSN: 2582-9947
Arushi MehtaDec 12, 202110.5281/zenodo.577496812 pages
The world today is facing a unique situation in the form of Covid-19 with unique consequences and effects. There is not even a single aspect of the society and economy which is untouched by this pandemic and corporate sector is also one of them. The companies are struggling in terms of finances. The financial crunch being faced by them is making the companies more vulnerable to takeovers/acquisitions. All this situation in the world has brought China in the forefront and as reports are suggesting Beijing has been expanding its economic footprint throughout the world and specially in South Asia. In order to protect the companies in India, our government proactively changed its FDI policy to prevent opportunistic takeover. This move prevents the 7 countries with which India shares its land borders from making any investments in India and also prevents China from making any investments in India through these countries. The aim of this article is to analyse the situation of takeovers and especially hostile takeovers in India. It will also analyse the situation with respect to takeovers before and after Covid-19. Volume 2 – Issue 1 Journal of Multi-Disciplinary Legal Research ISSN: 2582-9947
Tejasswini LDec 11, 202110.5281/zenodo.57741346 pages
Internet and Mobile Association of India v. Reserve Bank of India In this case note, the judgement delivered by the Supreme Court in Internet and Mobile Association of India v. Reserve Bank of India (AIR 2021 SC 2720) is being analysed.
Sarthak BhatiaDec 10, 202110.5281/zenodo.577301211 pages
The criminal law of India has been of magnificent nature since its inception. With the ever evolving society, the law becomes old and obsolete and needs rectifications and modifications which also increases the scope for the researchers to work upon the important sectors of crime. Therefore, the research has written the present research paper to bring forth the readers the intricacies of the law of legal insanity. The research traces back the Origin of the doctrine of legal insanity and how it has been imbibed under section 84 of The Indian penal code, 1860. The research goes on to discuss essential requisites of Section 84 and highlights the difference between legal and medical insanity. It also talks about other relevant provisions under Indian Evidence Act, 1872 and discusses the importance of burden of proof in Indian Criminal System. Not only this, the reason Section 84 is believed to be misused is discussed following the analytical and critical methodology. Last but not the least, the research ends with a few set of suggestions and conclusions for the readers. It is believed that the research will not only help students but also academicians and members of the bar in serving and delivering justice of the society. Volume 2 – Issue 1 Journal of Multi-Disciplinary Legal Research ISSN: 2582-9947
Smith ColacoDec 10, 202110.5281/zenodo.57729707 pages
The article is about the basis and reasoning on which the lawmakers of the country determine punishment for a certain crime. This topic is especially important because punishing people is done with the hope that such incidents will not take place in the future, and it can make the people feel safe. The article talks about the current situation in India and what kinds of punishments are being used in different acts. It talks about the sentencing policy in the country and asks the question about the arbitrary nature about the term of imprisonment for crimes that are not remotely similar in nature and seriousness. The article also has a brief discussion on why punishment is necessary to keep society in order and discussed various theories of punishments and gives examples about their application around the world. In the end a proposed solution is put forward to tackle this problem and it goes in detail about the fact that, there is more to punishments than just increasing or decreasing the time of imprisonment. 1 Volume 2 – Issue 1 Journal of Multi-Disciplinary Legal Research ISSN: 2582-9947
Preeti NayakDec 9, 202110.5281/zenodo.57706907 pages
In our society, when a man hits a woman, it is considered to be illegal, but when a woman commits violence against a man, it is often taken as a laughing matter. It is hardly believed by the society, that men can also be put through violence by women. For them, the male is always a delinquent and the female is always a sufferer. Just because the person is a man, does not mean he should not be victimised. Violence is not a gender issue. No person of a particular gender should have the right to inflict violence on another person. Due to the patriarchal mindset of the society, it is hardly accepted that men can also be the victims of domestic violence. We need to accept the fact that women can also abuse men. Abuse is not only physical but also psychological, verbal, emotional or sexual in nature. Domestic violence is a serious issue and it is not just faced by women. In India, there is no law that protects men from domestic violence. This research paper aims to explore the seriousness of domestic violence against men.
Parvathy GiriDec 9, 202110.5281/zenodo.57706969 pages
Prior to closing, M&A transactions often entail information exchanges between parties for various reasons. This information that is shared both prior and post the completion of the transaction are to comply with the provisions of the anti-trust laws of the concerned nations to ensure a fair and free market that is devoid of monopolistic entities. The anti- competitive agreements entered into by rival corporations and firms play a major role in keeping the new mergers and combinations that will swallow up the free market at bay. The regulation and enforcement of these anti-competitive agreements and anti-trust laws differ from nation to nation. In this article, the legal provisions and precedents of anti- competitive agreements of India, United States of America and the European Union and the roles they play in the mergers and acquisitions that are transacted in their respective free markets are examined.
Shakshi KothariDec 4, 202110.5281/zenodo.575898816 pages
Financial Sector Legislative Reforms Commission (FSLRC) which was constituted by the Government of India, Ministry of Finance, in March, 2011, was mainly set up to review and restructure the legal and institutional structures of the financial sector in India. FSLRC issued its report covering various issues to bring out coherence in the financial regulatory framework of India. Owing to jurisdictional conflicts between regulators in India, there arose need to have a super regulator in India. Thus, in order to analyze whether the concept of super regulator is apt for India, a comparison is made with the financial regulation of the USA and the UK. While the USA, has the concept of multiple regulators, with an authority referred to as “lead regulator” who would supervise the work of the regulators without intervention with the functioning of individual regulators. The UK on the other hand, has the concept of “super regulator”. Thus, by comparing with the financial regulation of the USA and the UK, an analysis is made as to which is a viable option for India- Super Regulator or Lead Regulator.
Sandra PhilipDec 3, 202110.5281/zenodo.575256816 pages
During the course of a criminal trial, medical evidence plays a critical role as corroborative evidence, which is frequently used by the prosecution to prove the defendant’s guilt. These evidences are employed in circumstances where there is bodily harm, and because they are corroborative in nature, they complement or detract from the witness(es) testimony, as the case may be. Section 45 of the Indian Evidence Act provides for medical experts to opine on a case with the expertise they have on the field and the knowledge they have acquired through medical examination with respect to the case. The basic purpose of criminal defense is to raise equitable suspicion. In any case with medical evidences, the criminal defense attorney must figure out how to use it to raise equitable suspicion. Unlike law, where practically everything can be debated or interpreted, science is more black-and-white, in the sense that a lab test, for example, is difficult to call erroneous. The Indian laws however, do not validate their significance as much as they do the testimonies, unless there is a clear discrepancy between the two, in which case, the opinion of the medical expert will be taken into consideration. As a result, medical evidence is recognized in Indian law, even if it is corroborative. The medical outlook, however, does not confirm or refute the prosecution case; rather, it serves as a guideline. The author’s goal in this study article is to address medical evidence in comparison with various other kinds of evidence, and their admissibility and evidentiary value in trials. 1 Volume 2 – Issue 1 ISSN: 2582-9947 LITERATURE REVIEW – 1. M.L. Slnghal's “Medical Evidence and Its Use in Case Cases”1 discusses how medical evidence and opinions are used in criminal trials to prove the legitimacy of the allegations made and how their evidentiary value varies from case to case, using jurisprudence. The author has cited numerous case laws to demonstrate how the importance of medical examination in trials has evolved through time. Despite the fact that the article uses various case laws to support its claims, they are mainly based on jurisprudence and the evolution of evidence rather than its current application in the judiciary. 2. “Role of Medical Evidence in India - A Critical Study”2 by Jaro Jasmine talks about the use of medical and forensic evidences in trials with the backing of several precedents. It also highlights their varied types and discusses their evolution and individuality from other evidences with illustrations. However, the author has focused more on the importance of these evidences in cases where only women are victims and with specific references to the Evidence Act than on their application in criminal trials. 3. Aparajitha Rajagopalan and Roja. K’s “A Critical Analysis of Admissibility of Medical Evidence”3 examines a wide range of precedents and medical evidences’ relevance in order to determine how dependable they can be when used as definitive
Raashi AgarwalDec 3, 202110.5281/zenodo.57518698 pages
This case comment tries to evaluate the recent judgement passed by the Orrisa High court which speaks about how false promise of marriage does or does not amount to rape under section 375 of The Indian Penal Code, 1860. This case comment tries to support the
The Reliefs-, Constitution India, From Component.Dec 2, 202110.5281/zenodo.574935912 pages
The research article shall aim to explore the inclusion of petroleum under the GST regime, an issue which had also been discussed recently in the 45th GST Council's Meeting at Lucknow. The article shall explore the legal and practical considerations of this widely demanded move
Sonali AwasthiNov 30, 202110.5281/zenodo.574538015 pages
The term “Advance Ruling” denotes any decision given by the authority to its applicant for the purpose of planning certain activities for the payment of Good and Services Tax. Authority and appellate authority for advance rulings helps the applicant in providing the information related to payment of indirect tax or questions prescribed in Section 97(2), 100 (1) of the “Central Goods and Services Tax Act, 2017” in terms of goods and services taken on by the applicant. This definition of advance ruling can be interpreted broadly as the implementation of GST Act has improved the definition of advance ruling, it covers a proposed transaction and transaction that has already been taken by the applicant. The aim of this research study is to identify the scope of advance rulings, analyse the role and performances of authority of advance rulings and examine the issues pertaining to advance rulings and suggest the required changes, according to the author’s knowledge. The methodology of the research that has been followed in the present study is a Doctrinal research methodology which helps the researcher to arrive at conclusion by collecting qualitative data from the secondary sources.
Kavyasri .s.j.Nov 25, 202110.5281/zenodo.572803029 pages
In the early December of 2019, a city in China named Wuhan was the first to experience the outbreak of the novel corona virus. It was first suspected that the reason of this disease had its origin or the etiology from bats. An extremely high
Kavyasri .s.j.Nov 22, 202110.5281/zenodo.571906517 pages
Women are the foundational core for a well-developed and integrated society. Women empowerment is a way to enlighten women by acknowledging their self-worth and ability to make choices. Government on the other hand is responsible for a stable society. Government and people need to work together for a better nation. For people to trust the government, they should have power in their hands and have a say in decision-making. This is the main purpose of introduction of Panchayat Raj Institutions as local level government which would enable people to solve their problems with immediate and proficient solutions. Development of a nation needs to base on developing all sectors and classes of society. This led to the reservation system to empower certain classes. For the same reason reservation for women was bought in PRI’s. Several debates were made against reservation but the government’s striving efforts led to a better future for women. This paper aims at analyzing the various reservations made for women through various bills and amendments and the oppositions made against them. Volume 1 – Issue 3 November, 2021 ISSN: 2582-9947
Neelargho RayNov 22, 202110.5281/zenodo.57190627 pages
India's written constitution, which is the world's longest, demonstrates how a democratic society in the Republic of India takes every effort to preserve its citizens' rights. If not the greatest, the provisions have at least given strive to ensure that their nationals' rights are
AI Discovery
Describe the legal topic you are researching. Hybrid semantic and full-text search surfaces related papers and topics.
Trending
Impact
Latest
Browse peer-reviewed legal scholarship with DOI-backed links, semantic search, and citation-ready metadata.