Journal Title : National Journal for Legal Research and Innovative Ideas
Frequency : Quarterly
Volume : 2
Issue : 1
Period : October - December
The Supreme Court of India while hearing a matter related to bail plea has raised its concern over the political and executive interference in working of the subordinate judiciary and urged to ensure its independence. This observation of court came to light while hearing a matter in connection with the murder of Congress leader Devendra Chaurasia. In this particular case, the competent Additional Sessions Judge (ASJ) has issued a warrant for the arrest of the accused against whom there were charges of murder. Since the accused belongs to a high-profile and influential background, it is an allegation that said judge was intimidated by the Superintendent of Police and other officials.
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2. CONTEMPLATIVE UPBRINGING OF IP RIGHTS IN MODERN INDIA
By - Manan Kumar & Ayushi Upadhayay
• Abstract
Globally the people are facing the menace of devilish calamity worldwide. Though after World embraces innovation and tangible research, henceforth, the ideology shifted towards mounting skills, organization, labs and manufacturing capacities of Asiatic countries. Notwithunderstanding, the World Judiciary also unfolds the wreckning havoc positioning of trade. Apparently, this affect business reagent shook the efficiency of Stock-makers, commerce and the stockholder though perhaps the Standard of IPR holder dampens evidently.
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3. EFFICACIES OF ALTERNATE DISPUTE RESOLUTION WITH SPECIAL FOCUS ON MATRIMONIAL DISPUTES
By - Ashwin Singh
• Abstract
Before getting deeper into the influence of ADR in the Indian legal system and its special effect on family law matters, we firstly need to identify the proper meaning of the two terms i.e. ADR and Matrimonial Disputes.
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4. CONTEMPT OF COURT
By- Aastha Satpathy|Student|Bennett University
• Abstract
Contempt in simpler terms means having disregard for something and when it comes to the concept of Contempt of Court it basically pertains to being disrespectful or disobedient to the Court of law. An action by an individual which goes on to disrespect the court and disregard the court by their actions.
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5. VINOD DUA v. UNION OF INDIA & ORS
By- Aditya Prakash
• Abstract
Vinod Dua is a journalist from India who has worked for Doordarshan and NDTV India. Local BJP leader Sh. Ajay Shyam filed a FIR against Dua at Kumarsain Police Station in Shimla district. In his complaint, Ajay Shyam claimed that Dua accused PM Modi of using "deaths and terror attacks" to gain votes in his video. According to the initial information report, Dua made statements on his YouTube show "The Vinod Dua Show" that could have incited communal hatred and resulted in a breach of peace and communal unrest.
Since last two decades, Supreme Court has become very concerned towards the matters related to environment of India. Earlier, executive and legislative look after everything related to environmental law but now judiciary has became a major part of it. Now all the disputes and problems are resolve by judiciary. Development of environment has only became possible by the continuous efforts of Judiciary.
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7. The Two Child Policy by the Government of Uttar Pradesh
By- Aastha Satpathy | Student |Bennett University
• Abstract
As the saying by Nobel Laureate Henry W. Kendall goes, “If we don’t halt population growth with justice and compassion, it will be done for us by nature, brutally and without pity- and will leave a ravaged world.” The population of our country India is almost 1.38 Billion and we are second most populated country in the world after China. In India, the state of Uttar Pradesh has the highest population with more that 166 million population.
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8. A CRITICAL ANALYSIS ON REVISION AND APPEAL
By- Vikash Jha & Anupriya
• ABSTRACT
This paper seeks to crtiically examine the concept of revision and appeal and along with its comparison. Introduction the concept of revision, which is carefully examining and revising again. It means examining any case, issue, or order carefully which has been explained under “Section 115 of Civil Procedure Code”. If the order is appealable then parties cannot apply for revision. The scope and the importance of revision and Under ”Section 104 of The Civil Procedure Code” mentions the order against which appeal can be done. “Section 96 of Civil Procedure Code” talks about the appeal and also about the first and second appeals. The difference between revision and appeal has also been discussed and it has been stated that the Appellate Court has the power to take or not to take the evidence, confirm or dismissed a decree or amend, change or cancel a decree. But it cannot exercise its power in case of revision. Cases concerning revision and appeal have been mentioned accordingly in this paper.
In today's time people have all the means for housing to live and employment to work. Apart from this, being a citizen of the country, they also get all kinds of facilities. But if we talk about refugees at such a time, then neither these refugees have citizenship nor do they have any kind of political rights. Refugee means the person or their group who are helpless, helpless, destitute and want of protection. It is written and addressed as refugee in English language. In this way, that particular person or their group who leave their home or country for any reason and take refuge elsewhere, is called refugee. In this essay, we shall discuss about the conditions faced by the refugees. What are the objectives of World Refugee Day. What are the problems faces by Refugees. And what is the role of government to protect these refugees.
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10. Remedies for Breach of Contract
By- Riddhi Kashyap | BBALLB Student | SLS Hyderabad
• Abstract
Breach of contract is a common occurrence where contracts are designed and entered into every day. The Indian contract act of 1872 has codified breach of contract and its consequences. The aggrieved party can claim for damages or injunction. This research paper is mainly based on the analysis of breach and its consequences. It also focuses upon the types of damages awarded to the party at loss. The research is purely qualitative and based on doctrinal methodology. The scope has been limited to India and its laws. However, landmark judgements and case laws have been taken from Common law courts in order to justify the statements. The language is kept simple and the range of readers can vary from law students, academicians, researchers and anyone associated with the legal field.
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11. INTERPRETATION OF ARTICLE 368 OF THE INDIAN CONSTITUTION BY THE SUPREME COURT
By- BASAB PATRA (SLS Hyderabad) & SWAPNIL JOSHI (KIIT Law School)
• ABSTRACT
The Constitution of India, as of date has been amended 105 times since it came into force. Amenability is an essential element of the Constitution to deal with contemporary issues. Having an extremely rigid Constitution will not suit the needs of the nation as it will not be in touch with present day circumstances. The real scope of Parliament's ability to modify the Constitution has been challenged on several occasions, ever since the 1st Amendment of the Constitution in 1951. The Supreme Court has made different interpretations regarding the powers of Parliament to amend the Constitution. These interpretations have wide ranging effects on the nature of our Constitution, governance and polity itself. These interpretations have affected the common lives of the citizens as well. Therefore, it is essential to understand the scope of Constitutional Amendments in India and its interpretation by the Supreme Court.
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12. RIGHT TO INFORMATION: A NEW ERA OF TRANSPARENCY
By- Jatan Singh | Student | Faculty of Law | Aligarh Muslim University
•Abstract
The Democracy means meaningful participation of the peoples in the matters of public affairs. A democratic government must be sensitive to the views of the public for which information must be made available to the common man . The Right to Information implies the participation of the people in the process of governance and administration which becomes inevitable.
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13. ARTIFICIAL INTELLIGENCE AND TRADEMARK LAW IN DIGITAL ERA
BY- HEMANT CHAUDHRY
•Abstract
Artificial Intelligence has as of late cherished the ability to produce content in such a manner that it very well might be Intellectual Property, especially one of the rights i.e. Trademark and consequently needed to be protected. Then again, the content created by the Artificial Intelligence may likewise encroach on protected Intellectual Properties of others. Artificial Intelligence has also impacted the Trademark Law. As we know that Trademarks primarily serves as symbol or logo for the product’s identification, characteristics, and quality which has been affected due to Artificial Intelligence. Artificial Intelligence also helps in getting the work performed at the faster pace along-with greater accuracy, which helps in saving the time. A few organizations guarantee to use Artificial Intelligence to rapidly decide whether the Trademark can be protected. Such items likewise empower in assessing potential infringers, and observing the trademarks of their competitors. If we talk about a specific law on it then the courts are yet to provide a pervasiveness of issues pertaining to the Artificial Intelligence and Trademark. However, there have arisen not many cases, particularly during the past decade that got the concept of Artificial Intelligence and Trademark liability.
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14. AN ANALYSIS OF THE AMENDMENT PROCESS IN THE CONSTITUTION
By- Mahantesh G S & Mamatha R
•Abstract
This article examines constitutional changes in common law legal systems across the world. Individual rights and freedoms have never been more widely recognised than in the millennial age, and it is critical to study and comprehend the rights and responsibilities granted to people, as well as the capacity of the polity to alter these rights. This article tries to reconcile constitutions' efforts to maintain or neglect rights that are frequently considered to be inalienable through natural law concepts. This article examines to what degree are government is constrained in their authority to alter the constitution?' since Indian courts have acknowledged that revisions to the Indian constitution are subject solely to the theory of basic structure.' In India, judicial interpretation of constitutional changes has been very contentious, as evidenced by the instances of Keshavananda Bharti and Minerva Mills. In addition, the scope of judicial intervention in constitutional amendments and the different position of judicial authority in amendments are examined in this article.
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15. An overview of 127th Constitutional Amendment Bill, 2021
By- Puneet Kumar & Akash Goswami , Student , Faculty of Law , Aligarh Muslim University.
•Abstract
Rajya Sabha on August 10, 2021 passed the 127th Constitutional amendment bill giving power to states to prepare their own OBC list. A bill in lok sabha was introduced by Mr. Virendra Kumar, Minister of Social Justice and empowerment on August 09, 2021 which was passed on 10th August and 11th August 2021 in Lok Sabha and Rajya Sabha respectively. In both the houses, none of the members voted against the bill. This bill was to counter the judgment given by the Supreme Court in case of Maratha reservation in May 2021 which upheld the 102nd Constitutional Amendment and enshrined power to the President to decide which communities to be included in state Other Backward Class (OBC) list on the recommendation of National commission of backward classes (NCBC).
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16. TRIBAL COMMUNITIES IN THE FACE OF COERCED RELIGIOUS CONVERSIONS
By- Kanishka Kansal | Student | School of Law | Manipal University Jaipur
•Abstract
Tribal communities in India have had a long history of facing neglect by the mainstream society. They have been deprived of their social, cultural, legal and even educational rights by the mainstream and are confronted with abject poverty and economic backwardness. Even their religions and religious practices have been questioned time and again and denied the same importance and recognition that other religions receive in India. This has led to the problem of religious conversions in India, which are often coerced and are therefore unethical and immoral. Tribal aboriginals in India have, even before India’s independence, been converted to other religions after receiving promises of freedom from poverty and other economic hardships and this often led to erosion of their own cultures and practices where they have been forced to give up their aboriginal religious identity.
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17. RIGHT OF WOMEN IN COPARCENARY PROPERTY
By- Ritesh Roshan Samartha
•Abstract
The property rights of women, just like any other country, have developed and evolved out of struggle. The people of ancestral period were of the opinion that only a male can be a coparcener of an ancestral property and not a female member. Even though the fact, that women were considered as “goddess” and were adored during the Vedic period, but they were ignored the right of inheritance. The history is evident, only male coparceners inherited the ancestral property. The position of women deteriorated when “sati and child marriages” stated being practices. The concept of devolution of property evolved from different schools of Hindu law, but they did not address an issue, whether “woman can be a coparcener or not”. Thus, they faced most discrimination with regards to their rights over ancestral property.
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18. LEGALITIES OF AGENTS IN THE USUAL COURSE OF BUSINESS IN ACCORDANCE WITH SECTION 188 OF THE INDIAN CONTRACT ACT, 1872
By- Manav Gupta
•Abstract
The law of agency for a layman is as simple as 'do whatever is told.' However, in legal terms, the mere use of the terms like ‘agency,’ ‘agreement,’ and ‘agent’ by the parties in a contract does not automatically create an agency relationship. Agents may act in ways not explicitly mentioned in the contract. The courts have to determine whether a specific act is within the scope of authority with the help of specific statutory provisions. Though sections 186 to 189 of the Indian Contract Act, 1872 talk about agent’s authority but the primary focus of this paper would be on Section 188 and phrases like "usual customs and usages of the trade", "incidental to business", and "nature of the act or business".
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19. Myth v/s Reality of Farm Bill 2020
By - Chandan Kumar & Palak Chauhan
•Abstract
In 2016 our Prime Minister Narendra Modi in Bareilly said in his speech that the income of farmers will be doubled by 2022. After this government proposed seven steps to increase the farming opportunity and one of the steps is an open market where the farmer can go and sell their goods, that's why farm bill 2020 is introduced by the government and it causes chaos all over the country mainly in Haryana and Punjab.
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20. CONCEPT OF CONSIDERATION AND PRIVITY OF CONSIDERATION IN U.K AND INDIA
By - Ritika Singh, BALLB Student, Symbiosis Law School Hyderabad.
•Abstract
The term consideration in law of contracts play a very important role, it acts as the sole of a contract. While forming a contract, a promise of something which has some value and is legal as per law is made by the promisor in exchange for something which also has some value and is legal as per law is given by the promise is called consideration, it depends on the sense of quid pro quo which means “something in return”. Consideration can be in the form of money, goods or an act. An agreement becomes a contract when there is a promise of consideration, if not then the agreement is considered as exnudo pacto non aritio action, which means the agreement won’t be binding on the parties. This law exists in UK as well as in India.
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21. CYBERTERRORISM : A NEW BATTLESPACE
By - Jatan Singh , Student , Faculty of Law , Aligarh Muslim University , Aligarh.
• Abstract
The word terrorism symbolizes only a scene full of corpses, blood paving its final destination, unbearable sound of weeping, a chaotic and annihilated state, and pain across. The term ‘Cyber-terrorism’ evolved in the 90s in the defense literature. Cyber- terrorism is the use of the internet to conduct violent acts that results in significant data loss, exposing of confidential information, spreading of a specific opinion and propaganda to sustain political and ideological gains.
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22. THEORY OF JUSTICE BY JOHN RAWLS AND AMARTYA SEN
By - Nishu Singh
• Abstract
The concept of Justice is old as the Political theory. Man has been continuously struggling for the maintenance of Justice and given different interpretation of Justice from time to time. Some scholars and writers interpret Justice as ‘Virtue’ while others interpret it as ‘Equality’. In the democratic system, Justice is given the highest place and it stands for the just conduct, fairness or exercise of authority of maintenance of Justice. Justice has also different interpretation in the different countries and with the passage of time, it has been changing and developing. There are many scholars who have given theory of Justice, John Rawls and Amartya Sen were one of them. According to John Rawls, Justice should be decided by rational individuals in the curtain of “Veil Ignorance” in their Original Position. On the other hand, Amartya Sen has given “The idea of Justice”. It is a path breaking work on the concept of the Justice. He revised and critique the theory of Justice by John Rawls. Amartya Sen also talked about Niti and Nayay and former relates to just rules in his Idea of Justice. In this article, we will discuss the Theory of Justice by John Rawls and Amartya Sen in the depth with their differences similarities and lacunas.
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23. ROLE OF POLICE IN CRIMINAL JUSTICE SYSTEM OF INDIA
By - Sudarshana Srivastava
• Abstract
The Police agencies were created primarily to ensure public safety and supervise correct enforcement of the law. Over the decades, its roles have not changed. Till today, it plays a vital role in the criminal justice system of India. The police agencies set the stepping stone to the lengthy process of criminal justice by registering the crime committed. The police thereafter conducts an investigation, collects shreds of evidence, examines them, interrogates the victim and/or witnesses, and finally draws up a report. It concludes its duty by taking the alleged offender in their custody and thereby handing it over to the court of law. Thus, the role of the police is preliminary yet crucial in nature. Over the years the police have been accused of various mishappenings which have questioned their assistance in serving justice. India has witnessed innumerable instances of poor investigation, favoritism, and bribing. Just as the people were ready to make peace with their existence in the system, in course, sabotaging justice, the abuse of power knew no bounds. Mere mishappenings of the police went on to ‘police brutality in no time.
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24. IMPACT OF HUMAN ACTIVITY ON ENVIRONMENT - VICE VERSA : AN EXPLORATORY STUDY
By - SNEHA GUPTA & NAMRATA AHUJA (NMIMS, Kirit P. Mehta School of Law, Indore)
• Abstract
Human population growth increased conversion of natural ecosystems to agricultural, industrial, and residential use, as well as demand for ecosystem inputs such as fresh water, fiber, and soil fertility, as well as increasing strain on natural ecosystem capacity. Deforestation, growing agribusiness, illegal fishing and hunting, unplanned tourism, and pesticide contamination have all contributed to the gradual destruction of natural environments. The unrestricted use of pesticides and herbicides introduces contaminants into the environment. Mercury contamination of the environment is caused by unregulated gold mine, urban liquid and solid waste, including untreated sewage, the introduction of invasive alien species, unsustainable tourism, illicit hunting, animal trafficking, and soil deterioration. This biodiversity loss is the result of a lack of education and environmental awareness, as well as the fragility of environmental groups. Future generations will confront starvation, thirst, sickness, and calamity if we continue to lose biodiversity.
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25. CRITICAL ANALYSIS ON THE FCRA AMENDMENT ACT 2020
By - Madhulika Agrawal
•Abstract
This article deals with the foreign contribution regulation amendment act 2020, the regulations bought by the government of India. Foreign contribution regulation act was introduced in 2010. The key features of the act and what amendments have been made till now are a crucial part of this critical analysis and it would be dealing with all the aspects of the act from 2010 to 2020. Foreign contribution in India is regulated and observed by the Government of India under the proviso of the Foreign Contribution Regulation Act, 2010 (the "FCRA Act 2010"). The FCRA Act 2010 provides for the manner in which foreign contribution or foreign hospitality is allowed to be tackled and used by individuals, associations and companies in India.
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