Journal Title : National Journal for Legal Research and Innovative Ideas
Frequency : Quarterly
Volume : 2
Issue : 4
Period : July - September
1. MEDICAL MARIJUANA : SHOULD IT BE LEGALIZED IN OTHER COUNTRIES?
By- Priyanka Priyadarshini, Student, RMLNLU, Lucknow
•Abstract
Medical cannabis as the name suggest is one of the topics which can obtain such strong and strange reactions from doctors, scientist, and the other people. It is safe for health? It is allowed in different countries? It should be criminalized? In what circumstances people start using it? Is it addictive? What and how are we going to do to keep away from teenagers? It is seriously the stress buster that everyone uses to say? Is medical cannabis just used by people for their enjoyment? In this article I have covered the answers of these questions and explore many aspects of related to it.
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2. Analysis of Due Diligence in Mergers and Acquisitions
By- Shruti Tripathi, Student, NMIMS University
•Abstract
Mergers and acquisitions have evolved as one of the most efficient strategies to reorganise businesses in order to gain competitive advantages. They have shown to be one of the fastest methods for organisations to achieve a competitive edge in a highly competitive global economy. But before undertaking such a transaction, the buyer will want to ensure he has clarity in understanding what he is buying. Essentially, due diligence is the process of thoroughly evaluating commercial agreements from a variety of perspectives before making a final choice. This is more of an investigation procedure for evaluating assets and liabilities, and it also looks into the potential commercial as well as economic worth of the company or firm where due diligence is necessary. For its successful conduct, a capable team of legal and financial professionals is selected to follow the process of due diligence and to make the necessary considerations for a fruitful merger or acquisition.
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3. TECHNOLOGICAL CHALLENGES AND DATA PRIVACY ISSUES TO RIGHT TO INFORMATION IN MODERN INDIA
By- Ayushman Singh
•Abstract
The use of information technology is rapidly increasing; the Indian government is putting out a lot of effort to deliver e-Government services to its citizens. To ensure that democratic processes are not thwarted by public officials working in the interests of commercial interests, such access must be made easier. Citizens are at a disadvantage when it comes to preventing abuse of power by public authorities when transparency is not promoted as a value of public decision-making. This research paper aims to critically analyze the Technological challenges of the Right to Information in India. It also touches upon the privacy and protection of data which is also a pertinent issue in the modern paradigm.
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4. Employer’s liability for Compensation under the Employee’s Compensation Act 1926 : An Analysis
By- Sarthak Chauhan
•Abstract
Human resource is the greatest asset for a nation because it is this human resource which utilizes other resources and leads to progress and development of a country. India is blessed with this resource in abundance but large section of people who are employed in various factories are often exploited and abused by their employers. Among many laws, ‘The Workmen’s Compensation Act (currently known as The Employee’s Compensation Act) was legislated in 1923. The Employee’s Compensation Act 1923 was enacted with the aim to set liability on employer for the personal injury to employee from accident arising out of and in course of employment. To make employee responsible for compensation one needs to understand the terms mentioned in the section 03 of the Act. Section 03 is cornerstone of the act and sets the liability of employer. In this paper, section 03 of the act is analyzed with help of various English case laws as well as Indian case laws. The requirements required to be fulfilled for compensating the employee and the circumstances of exception are also discussed in detail. Doctrine of Notional Extension is used for benefitting the employee and Doctrine of Added Peril is used by employer to escape his liability of compensation. In this paper both these doctrines are also examined and explored. The paper examined various terms which are of key importance to decide whether the employee is entitled for compensation or employer is not liable to compensate.
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5. RIGHT TO FREEDOM OF SPEECH IN A VIRTUAL WORLD WITH REFERENCE TO THE CONSTITUTION OF INDIA
By- ANIMESH SHARMA, LLM Student, Manipal University, Jaipur (SUPERVISED BY- DR. VIJAY LAXMI SHARMA)
•Abstract
The Indian Constitution serves as the country's leading authoritative archive. Aside from depicting the action of the chief, regulatory, and legal branches, it spreads out the rights, obligations, and possibilities that are available to everyone, as well as the limits that are imposed on them. The individuals who drafted the Constitution believed these privileges to be vital to ensure that each person has the opportunity to live a good and meaningful life. According to Article 19, a violation of the right to free expression and articulation occurs when an individual disregards anything like or equivalent to someone else's privileges while exercising their own. The primary goal of this research was to determine if current regulations, establishments, and guidelines governing the media and the web, which has evolved into the new media, are compelling and adequately designed to address the issues of paid news, media preliminaries, covert activities, and web free discourse. The doctrinal method of research has been used in this research paper. The information sources exposed include arrangements of public and global regulations overseeing the media, optional sources, for example, auxiliary information, books, case regulations, master articles, and diaries written by prominent writers, publications of papers, sites of administrative bodies to gain proficiency with their capacities, and so on.
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6. Rule of Law In India
By- Gourav Bavishi
• Abstract
In layman’s term Rule of Law refers to the supremacy of law. This means law is superior force over a land or on any authority or elected representative, in a country. The basic concept of rule of law is that state should be governed by law and not by representatives or rulers. Rule of law is derived from a French phrase ‘la principe de legalite’ which means government is guided by law and not by men. Though this term ‘Rule of Law’ is not defined in the constitution, its used in the Indian courts and help in making judgements frequently. Rule of Law is declared as Basic Feature of Indian constitution and it cannot be changed or removed from it. It is an underlying principle of our constitution and is based on the principles of equality, fraternity, freedom, non-arbitrariness, non-discrimination, and accountability. Rule of law in Indian conception is both formal and substantive. According to formal meaning of it, state acts according to the laws it formulated and they meet certain characteristics. On the other hand, the substantive meaning has a wider concept. It takes ideals of fairness and equality into consideration.
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7. CHILD AND ITS CONNECTION TO SCHOOL: A STUDY BASED ON SCHOOL’S RESPONSE TO JUVENILE DELINQUENCY
By- Gourvi Gupta
•Abstract
When we set out to deliberate upon how a juvenile commits a crime, we can agree that no child is a born criminal, it is his circumstances and situations which force him to commit an illegal act without thinking about how it will impact his future. Since generally a substantial amount of criminal behavior has its foundations in early teens, it causes significant amount of difficulties around the world. Juvenile delinquency is a pathway for youngsters to become involved in antisocial and criminal behavior as they grow up as well. It has now become a major source of concern and must be addressed on a more serious level. Some of the reasons of juvenile delinquency are trauma, failure in education, fault in upbringing, abuse, etc. Abuse can take many forms, including physical, sexual, mental, or a combination of these, all of which have a harmful impact on these children. To keep the issue of juvenile delinquency under control, it is critical to eradicate this practice from the society. It is in the delinquent child's best interests to reform him as soon as possible and reintegrate him into society.
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8. The Crumpling Mining Framework – A blow over Human Rights
By- Gaurang Takkar
•Abstract
India’s Mining Sector is an exceedingly essential element of the economic drift in the country. This article deals in particular with the devastating and falling mining framework which goes against the human rights of the people. The article proceeds with the basic introduction about the sector following which, the regulatory framework and legislations have been discussed. Then, the article deals with the environmental consequences of this process of mining and also about the impact on general masses. The article then unfolds the main question as to the crumpling mining framework. Finally, the article has been enclosed by conclusions and recommendations which are requisite for saving this inherently essential sector of economy.
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9. CHARACTERIZING SEXUAL VIOLENCE PERPETRATORS
By- Devesh Singh Tomar (Advocate), Legal Editor, Manupatra
•Abstract
Even after unprecedented rise in feminism, human rights and education, the 21st century witnessed a wide rise in sexual violence across the globe in many forms. This raises question over the popular narration of patriarchy as the single biggest reason behind sexual violence; the issue requires deeper linking of criminology and psychology to under not just the crime i.e. sexual violence but also the person committing the crime. The popular narrative of patriarchy although still holds valid ground, but a more specific and psychological reasons for sexual violence is required to understand the rise of sexual violence in-spite of positive development in many spheres of human society. This paper attempts to analyze few characteristics of sexual offence convicts which can be termed as the internal motive of such convicts for committing the crime of sexual violence.
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10. LEGISLATIVE FRAMEWORK OF SECURITIES MARKET & VENTURE CAPITAL FUND
By - Aryan Sinha, Galgotias University
• Abstract
In the 21st century we are living in, the Indian Economy is been at it’s peak. The introduction of Securities Market due to Liberalization, Privatisation & Globalisation (LPG) in the Indian Economy has resulted in stabilizing the Inflow and outflow of monetary transactions. The major roles has been played by the Securities & the Venture Capital Funds in the Securities Market. In this short article we are going to analyse the Legislative Framework of Securities Market & Venture Capital Funds. The legislative framework will consist of history, Legislative Acts of Parliament, Securities Exchange Board India (SEBI) Regulations and Foreign Direct Investment (FDI) Policy.
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11. Directors of a Company – Appointment and Relationship
By- Muskan Banga
• Abstract
Individuals who are elected as or elected to act as, representatives of the stakeholders to establish the policies related to corporate management and make decisions on major company issue are named as the Directors of the company. Section 2 sub-section 10 of the Companies Act, 2013 provides the definition of the board of Directors or Board concerning the company and Section 2 sub-section 34 of Company Act, 2013 defines the meaning of ‘Director’. The appointment of the Board of Directors is one of the main issues as the success of the company depends upon the competence and the integrity of its directors. This paper wraps the modes of appointment of the directors. The directors of the company usually make the decision but the management of the company carries them out. It also seems that there may be a conflict between them due to the same interest held by both directors and the management of the company. This paper seeks to analyses the relationship between the board of directors and the company.
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12. What is the scope and nature of "Case Diary" to be kept under section 172 of Cr.P.C. 1973 , and the limitation imposed on its use
By- Swарnil Yаduvаnshi
• Abstract
Section 172 of The Criminal Procedure Code 1973 20 with case diaries. Case diary is a document maintained by the investigating officer while the investigation of the case containing details of how the enquiry was carried and other particulars as the date of with the investigation was begin place of Investigation etc. They are inadmissible as evident however can be used by the court as aids while the trial. It is mainly made for the purpose of refreshing memory of the investigating officer while being presented as a witness for trial. Investigation literally means a careful examination or search to discover fact and information. It is not a matter for the police but effects fair outcome of trial conducted by the court.
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13. Mortgage by Deposit of Title Deposits
By- Panya Sethi
• Abstract
Mortgage has been defined in “Section 58 of Transfer of Property Act” wherein interest is transferred in immoveable property for getting a loan. A mortgage by way of depositing the title deeds is a form of mortgage recognized by “Section 58(f) of the “Transfer of Property Act” which states that this mortgage can be implemented in Calcutta, Madras and Bombay and in any other area decided by the state government. When the debtor delivers to his agent or the creditor title deeds of the immoveable property to create a guarantee, thereon the transaction is called a ‘mortgage by deposit of title deeds’. A contract between the parties to create a mortgage has been implied by the law. Registration is not required.
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14. PROCEDURE TO BE FOLLOWED FOR RECORDING THE CONFESSION OF THE ACCUSED UNDER SECTION 164 OF CR.P.C
By- Pratyusha Mohanty
• Abstract
For the police, a confession made by an accused person is extremely valuable as evidence. However, no confession made to a police officer is admissible in evidence against the person who made it, according to section 25 of the Evidence Act. The singing of a witness's statement made during an investigation is prohibited under section 162 of the Criminal Procedure Code. It is expected that any power granted to untrustworthy police officers will be abused, and that statements would be fabricated. As a result, section 164 of the Code of Criminal Procedure establishes a procedure for the recording of confessions by qualified magistrates after ensuring that confessions are rendered freely and not under duress. Witnesses whose statements are registered under section 164 of the Code must be treated with caution.
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15. A STUDY ON VOLUNTARY CORPORATE DISCLOSURE: A LEGAL PERSPECTIVE
By- Gourvi Gupta
• Abstract
Since the advent of corporate culture in India, when the dynamic shift from primary to tertiary sector took place at a fast pace, so did the requirement for stringent laws governing the same. India has encountered numerous catastrophes like the Harshad Mehta tragedy, the Vijay Mallya scandal, and Satyam's financial fraud have tested the efficiency of India's corporate governance norms and laws. To prevent these incidences, the government has put in place a stringent and well-thought-out reform approach. Corporations have to meet a wide range of demands ever since they are formed, including taxes, community involvement, providing employment, and capital management, etc. However, it is unpleasant to note that since Solomon's instance, there have been several examples of company profiles being misused and massive scams being carried out by corporate personnel. Due to frauds and scams, the judicial system has tightened the loose ends, which is challenging for emerging business owners and entrepreneurs. Corporate voluntary disclosure has gained popularity in the previous few decades in legal and accounting literature. This research will reflect upon the concept of voluntary corporate disclosure and how it has developed in India through numerous judicial pronouncements.
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16. MANDATORY BAIL
By- Himanshu Kumar
• Abstract
The concept of bail, which is a basic part of the Indian criminal jurisprudence and it is well recognized principle among all the judicial systems of the world. Bail, in law, means procurement of release from prison of a person awaiting trial or an appeal, by the deposit of security to ensure his submission at the required time to legal authority. According to Black’s Law Dictionary, bail means “procure the release of a person from legal custody, by undertaking that he/she shall appear at the time and place designated and submit him/herself to the jurisdiction and judgment of the court.”. The literal meaning of the word “bail” is surety. Bail, therefore, refers to release from custody, either on personal bond or with sureties. Bail relies on release subject to monetary assurance either one’s own assurance (also called personal bond / recognizance) or through third party sureties. The provisions of law which govern the bail in India are provided under Chapter XXXIII of CrPC.
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17. HOW DO CULPABLE HOMICIDE DIFFER FROM MURDER?
By - Mohit Ranjan
• Abstract
The first and foremost concern criminal law is to protect and preserve certain fundamental social values and institutions. With this dictum, it gives a set of norms for the conduct of human behaviour it also puts a certain penalty for disrespect or threatens substantial harm which is related to individual interest, public interest, and fundamental social values. The Chapter relating to the “Offenses Affecting the Human Body”, starting from Section 299 to Section 377 covers a wide spectrum of offences that can be committed against human life that exhibits a deep understanding of the social culture of the classic Indian Society. The terms culpable homicide and murder are the two most confusing terms in the Indian Penal Code, 1860. The term ‘Homicide’ has its root in the Latin words Homo meaning Human and Caedere meaning to kill, therefore, it means killing of a human being by another human. The killing a human being attracts the most severe type of punishment, for instance, the death penalty or rigorous imprisonment for the remaining life, etc., because it is the maximum degree of bodily injury that can be inflicted upon a human being. There lies a slight difference in knowledge and intention between culpable homicide under section 300 and section 299, but that difference holds a significant position for it allows the judiciary to give fair and just judgments. In the first place, it may be premised that the two offences of Culpable Homicide and Murder are neither mutually exhaustive nor exclusive nor do they, between themselves, provide that every case of killing must be either the one or the other.
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18.REFUSAL OF FILING AN FIR: LEGAL OR ILLEGAL?
By- Khan Ahmed Darvesh, Student, Faculty of Law, AMU, Aligarh
• Abstract
In today's environment, it is unavoidable to come across a crime. Assume that our home has been broken into, or that someone witnessed two people kidnapped a child. In all of these scenarios, the first thing that comes to mind is to go to the police station and submit a complaint. Let's say someone go to the police station, taking all of his misery with him, and he/she ask the officer to file his/her complaint, but guess what? The officer refuses, leaving him/her in despair. So, what is he going to do now? Does he have any other options than filing a complaint with the police? Besides, the complaint that has been talked about above, is called a ‘First Information Report’ (FIR). The refusal of registration of an FIR by the police is not something unusual, rather it is a common notion. So, understandably the law provides us with a remedy for such circumstances. This article deals with various aspects such as the legal provisions relating to registration of FIR, the sequel and remedy regarding the non-registration of FIR and how it causes lawlessness among people.
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19.Shortage of the Essentials required to resist the corona virus in India
By- Mrigank Kumar
•Abstract
The SARS-COV-2 virus also known as the coronavirus was initially detected in 2019 in China. The coronavirus infection spreads through saliva or discharge from nose when an infected person coughs or sneezes, and now new studies show that it is airborne and it “spreads through air ”. India experienced its first case of the coronavirus back in January 2020 and since then the virus has spread all over the country. It has been more than a year for India battling this pandemic. “The first wave of coronavirus peaked in September 2020 ” and roughly after 6 months, the country started experiencing its second wave of the covid-19 pandemic. Though, India was successfully able to control the first wave of Pandemic to a greater extent, and when the situation was close to normal the second wave occurred.
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