LIJDLR

Volume I Issue II

THE STATE OF JHARKHAND V. SHAILENDRA KUMAR RAI @ PANDAV RAI, [2022 SCC OnLine SC 1494]

Volume I Issue II /

THE STATE OF JHARKHAND V. SHAILENDRA KUMAR RAI @ PANDAV RAI, [2022 SCC OnLine SC 1494] Amandeep Kaur, Student at UILS, Panjab University, Chandigarh. Download Manuscript ABSTRACT This case relates to two most heinous crimes, the first is rape and the other is murder. The victim in this case was raped and burnt by pouring kerosene on her body. She died almost after one month of this incident when she was in hospital. Here, in this case the admissibility of her dying declaration was challenged on the ground that it was recorded by a police officer and there was no sufficient evidence for corroboration of her dying declaration. The other important issue involved in this case was the “two-finger test”. The doctors conducted the “two-finger test” of the victim and made remarks about her sexual history. This test has been declared as encroaching women’s right to privacy by the Courts through various judgments. But it is harsh reality that this test is still conducted at various instances. Now, we will look at the various facets of this case by analysing the judgment of the Apex Court. Type Information Case Analysis LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 321- 328. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content THE STATE OF JHARKHAND V. SHAILENDRA KUMAR RAI @ PANDAV RAI, [2022 SCC OnLine SC 1494] ANALYSING THE NOTION OF CYBER CRIMES: A LOOMING THREAT TO THE INDIAN E-BANKING SECTOR ‘ARREST’ IN INDIA: 360 ANALYSIS Book Review on “The Mystery of Capital: Why Capitalism Triumphs in the West and Fails Everywhere Else” by Hernando de Soto SUSTAINING CREATION: EXPLORING THE INTERPLAY BETWEEN RELIGIOUS BELIEFS AND ENVIRONMENTAL CONSERVATION VIOLATION OF SOCIAL SECURITY AND HEALTH RIGHTS OF MIGRANT WORKERS

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ANALYSING THE NOTION OF CYBER CRIMES: A LOOMING THREAT TO THE INDIAN E-BANKING SECTOR

Volume I Issue II /

ANALYSING THE NOTION OF CYBER CRIMES: A LOOMING THREAT TO THE INDIAN E-BANKING SECTOR Ananya Jain, Final Year Student, University of Petroleum and Energy Studies (UPES), Dehradun. Download Manuscript ABSTRACT Traditionally, banking required a consumer to wait in a long line even to withdraw money or do other auxiliary tasks. The gap between the bank and the customer has shrunk since financial services are now accessible around-the-clock through ATMs, internet banking, transfers through NEFT and RTGS, etc. E-banking includes much more than simply employing computer-based systems for banking. An information and communication technology-based service is internet banking, frequently termed e-banking. A slightest bounce or carelessness in how we manage our digital lives can invite cybercrime and cause financial loss. We must therefore exercise caution and vigilance whenever we interact with the outside world digitally, whether it be for online gaming, social networking, business, or other purposes. According to the most recent statistics from January 2023, there were approximately 692.0 million active internet users,[1] and this increase has raised the likelihood that a user will fall victim to this malicious sort of crime, which has been on the rise over the previous few decades. When deploying Internet banking and related services, customers constantly fret about the anonymity of their financial information. It is pertinent to demonstrate to Internet banking users about potential risks and how to remain cautious. The study in this paper examines and assesses the consequences of online banking services in terms of potential cyber vulnerabilities. Moreover, it delivers basic advice on how users can avoid becoming victims of cybercrime as well as an overview of cybercrimes in the e-banking industry. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 296- 320. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content ANALYSING THE NOTION OF CYBER CRIMES: A LOOMING THREAT TO THE INDIAN E-BANKING SECTOR ‘ARREST’ IN INDIA: 360 ANALYSIS Book Review on “The Mystery of Capital: Why Capitalism Triumphs in the West and Fails Everywhere Else” by Hernando de Soto SUSTAINING CREATION: EXPLORING THE INTERPLAY BETWEEN RELIGIOUS BELIEFS AND ENVIRONMENTAL CONSERVATION VIOLATION OF SOCIAL SECURITY AND HEALTH RIGHTS OF MIGRANT WORKERS UNRAVELLING ‘LOSS OF CONFIDENCE’- AN IN-DEPTH ANALYSIS OF RUDRESHA V. MANAGEMENT OF M/S TVS MOTOR COMPANY

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‘ARREST’ IN INDIA: 360 ANALYSIS

Volume I Issue II /

‘ARREST’ IN INDIA: 360° ANALYSIS Kritika, Student at Army Institute of Law. Gitesh Kumar, Post Graduate- LLM (Punjabi University). Download Manuscript ABSTRACT India witnesses staggering number of arrests, prompting public and legal dialogues. These encompass the arrests of over 2,000 persons for child marriages in Assam, a Union Minister for his remark against a Chief Minister, a businessman for his involvement in a pornographic racket, a Sikh separatist for his campaign for Khalistan, and a former CEO of a private bank for her role in a loan fraud case. These arrests have engendered various issues pertaining to the grounds, procedure, rights and accountability of the arrested persons and the arresting authorities, as well as the social and ethical ramifications of their actions. The article contemplates the power to arrest an individual under the Code of Criminal Procedure, 1973 (hereinafter referred as ‘the CrPC, 1973’). The Rule of Necessity is the basis for arrest, which aims to strike a balance between the societal interest of having a justiciable order in the nation and the individual interest of Right to Life and Personal Liberty. The article also delves into the Constitutionality of Arrest under the Constitution of India, 1950 (for brevity, the Constitution) vis-à-vis the Right to Freedom under Article 19 and the Right to Life and Personal Liberty under Article 21.            The article also elucidates upon the grounds and circumstances for arrest as per the CrPC, 1973 vary depending on whether the case is cognisable or non-cognisable, and whether the arrest is made by the police, a private person or a Magistrate. The article also emphasizes that regardless of the method of detention, the essential entitlements of the arrestee, such as the Right to Life and the equitable adherence to post-arrest procedure including Medical Examination, must be honoured and preserved by the authorities in conformity with the instructions established by the Hon’ble Supreme Court. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 281- 295. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content ‘ARREST’ IN INDIA: 360 ANALYSIS Book Review on “The Mystery of Capital: Why Capitalism Triumphs in the West and Fails Everywhere Else” by Hernando de Soto SUSTAINING CREATION: EXPLORING THE INTERPLAY BETWEEN RELIGIOUS BELIEFS AND ENVIRONMENTAL CONSERVATION VIOLATION OF SOCIAL SECURITY AND HEALTH RIGHTS OF MIGRANT WORKERS UNRAVELLING ‘LOSS OF CONFIDENCE’- AN IN-DEPTH ANALYSIS OF RUDRESHA V. MANAGEMENT OF M/S TVS MOTOR COMPANY IMPACT OF ADMINISTRATIVE MALPRACTICES ON THE BUREAUCRATIC MORALITY OF INDIA: A STUDY

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Book Review on “The Mystery of Capital: Why Capitalism Triumphs in the West and Fails Everywhere Else” by Hernando de Soto

Volume I Issue II /

Book Review on “The Mystery of Capital: Why Capitalism Triumphs in the West and Fails Everywhere Else” by Hernando de Soto Khushbu Kori, Legal, AM; SBI Funds Management Limited. Download Manuscript ABSTRACT Hernando de Soto, a prominent Peruvian economist, and author has made significant contributions to the fields of economics, development, and property rights. Known for his groundbreaking research and innovative ideas, de Soto has become a leading voice in addressing the challenges faced by developing countries and advocating for inclusive economic systems. In his influential book series, de Soto explores the relationship between law, property rights, and economic development. “The Mystery of Capital: Why Capitalism Triumphs in the West and Fails Everywhere Else” stands as one of the seminal works in this series. Published in 2000, the book has garnered international acclaim and has been translated into multiple languages. De Soto’s objective in “The Mystery of Capital” is to investigate the reasons behind the economic disparities observed between Western countries and developing nations. Through meticulous research and analysis, he presents a compelling argument about the role of property rights in driving market prosperity. Type Information Book Review LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 274 – 280. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content Book Review on “The Mystery of Capital: Why Capitalism Triumphs in the West and Fails Everywhere Else” by Hernando de Soto SUSTAINING CREATION: EXPLORING THE INTERPLAY BETWEEN RELIGIOUS BELIEFS AND ENVIRONMENTAL CONSERVATION VIOLATION OF SOCIAL SECURITY AND HEALTH RIGHTS OF MIGRANT WORKERS UNRAVELLING ‘LOSS OF CONFIDENCE’- AN IN-DEPTH ANALYSIS OF RUDRESHA V. MANAGEMENT OF M/S TVS MOTOR COMPANY IMPACT OF ADMINISTRATIVE MALPRACTICES ON THE BUREAUCRATIC MORALITY OF INDIA: A STUDY ONLINE MEDICAL NEGLIGENCE UNDER CONSUMER PROTECTION ACT, 2019

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SUSTAINING CREATION: EXPLORING THE INTERPLAY BETWEEN RELIGIOUS BELIEFS AND ENVIRONMENTAL CONSERVATION

Volume I Issue II /

SUSTAINING CREATION: EXPLORING THE INTERPLAY BETWEEN RELIGIOUS BELIEFS AND ENVIRONMENTAL CONSERVATION Unnati Nigam, 9th Semester Student at School of Law, UPES. Download Manuscript ABSTRACT The participants’ religious convictions, their readings of holy scriptures, and their perceptions of humanity’s duty to the natural world are all covered in the interviews. The surveys gather information on environmental attitudes, behaviours, and how religious beliefs affect environmental awareness. Understanding the impact of religious beliefs in forming attitudes and behaviours towards the environment is essential given the increasing concern about environmental deterioration and the pressing need for sustainable practises. By evaluating the beliefs, values, and practises of diverse religious groups, this research seeks to uncover the connection between religious worldviews and environmental preservation. This study attempts to provide a thorough understanding of the relationship between religion and environmental preservation by looking at a variety of religious traditions, including but not limited to Christianity, Islam, Hinduism, Buddhism, and indigenous spiritualities. It tries to find similarities and differences between religious groups’ views on sustainability and the environment. Policymakers, religious leaders, and environmental organisations may benefit from the research’s findings when deciding how to include religious groups in environmental conservation activities. It is anticipated that the results of this research will further knowledge of the ways in which religious convictions might encourage environmental stewardship. It will clarify how religious teachings may be used to encourage eco-friendly behaviours, environmental protection efforts, and conservation efforts. It attempts to foster meaningful communication and cooperation between religious groups and environmental activists by bridging the gap between environmentalism and religion. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 267 – 273. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content SUSTAINING CREATION: EXPLORING THE INTERPLAY BETWEEN RELIGIOUS BELIEFS AND ENVIRONMENTAL CONSERVATION VIOLATION OF SOCIAL SECURITY AND HEALTH RIGHTS OF MIGRANT WORKERS UNRAVELLING ‘LOSS OF CONFIDENCE’- AN IN-DEPTH ANALYSIS OF RUDRESHA V. MANAGEMENT OF M/S TVS MOTOR COMPANY IMPACT OF ADMINISTRATIVE MALPRACTICES ON THE BUREAUCRATIC MORALITY OF INDIA: A STUDY ONLINE MEDICAL NEGLIGENCE UNDER CONSUMER PROTECTION ACT, 2019 THE KEY IMPLICATION OF SECTION 29A IN CORPORATE INSOLVENCY RESOLUTION PROCESS

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VIOLATION OF SOCIAL SECURITY AND HEALTH RIGHTS OF MIGRANT WORKERS

Volume I Issue II /

VIOLATION OF SOCIAL SECURITY AND HEALTH RIGHTS OF MIGRANT WORKERS Shilpee Ghosh, Student at Narsee Monjee Institute Of Management Studies, Banaglore. Download Manuscript ABSTRACT India, a nation of 29 states and 7 UTs, is well renowned for its diversity and unity, however, these qualities also have certain flaws due to the country’s failure to uphold them. The Constitution states that no discrimination should be made on the grounds of sex, colour, religion, and place of birth, everyone should be treated equally. However, the same effort is futile when it comes to migrant workers who face discrimination in some areas when they move for employment. The rights of migrant workers continue to be infringed despite numerous pieces of legislation, constitutional clauses, and governmental initiatives. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 240 – 266. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content VIOLATION OF SOCIAL SECURITY AND HEALTH RIGHTS OF MIGRANT WORKERS UNRAVELLING ‘LOSS OF CONFIDENCE’- AN IN-DEPTH ANALYSIS OF RUDRESHA V. MANAGEMENT OF M/S TVS MOTOR COMPANY IMPACT OF ADMINISTRATIVE MALPRACTICES ON THE BUREAUCRATIC MORALITY OF INDIA: A STUDY ONLINE MEDICAL NEGLIGENCE UNDER CONSUMER PROTECTION ACT, 2019 THE KEY IMPLICATION OF SECTION 29A IN CORPORATE INSOLVENCY RESOLUTION PROCESS EXPLORING THE NEED FOR A POST-WTO FRAMEWORK

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UNRAVELLING ‘LOSS OF CONFIDENCE’- AN IN-DEPTH ANALYSIS OF RUDRESHA V. MANAGEMENT OF M/S TVS MOTOR COMPANY

Volume I Issue II /

UNRAVELLING ‘LOSS OF CONFIDENCE’- AN IN-DEPTH ANALYSIS OF RUDRESHA V. MANAGEMENT OF M/S TVS MOTOR COMPANY Mayank Khichar, Student at National Academy of Legal Studies And Research (NALSAR) University, Hyderabad. Download Manuscript ABSTRACT The case comment provides a detailed analysis of the legal implications and consequences of the court’s decision. It examines the arguments presented by the TVS Motor Company and the workman, Rudresha, and evaluates their strengths and weaknesses. The analysis also considers alternative viewpoints and approaches that could have been considered by the court. Furthermore, the case comment discusses the key issues raised in the case, including negligence on the part of Rudresha and his alleged insubordination towards superior officers. The analysis delves into the principles of natural justice, the significance of a fair domestic enquiry, the requirement for specific and supported charges, and the proportionality of the disciplinary action imposed. To support the analysis, relevant precedents and case laws are referenced, highlighting the interpretation of “loss of confidence” as a ground for termination. The case comment critically evaluates the strengths and weaknesses of both sides and proposes alternative viewpoints that could have been considered by the court. The novelty of this case comment lies in its comprehensive analysis of the recent judgement, exploring its legal implications and offering alternative perspectives beyond existing literature. The practical utility of this submission lies in its guidance for employers and employees facing termination based on loss of confidence, ensuring adherence to principles of natural justice and promoting fair and objective decision-making. Type Information Case Analysis LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 229 – 239. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content UNRAVELLING ‘LOSS OF CONFIDENCE’- AN IN-DEPTH ANALYSIS OF RUDRESHA V. MANAGEMENT OF M/S TVS MOTOR COMPANY IMPACT OF ADMINISTRATIVE MALPRACTICES ON THE BUREAUCRATIC MORALITY OF INDIA: A STUDY ONLINE MEDICAL NEGLIGENCE UNDER CONSUMER PROTECTION ACT, 2019 THE KEY IMPLICATION OF SECTION 29A IN CORPORATE INSOLVENCY RESOLUTION PROCESS EXPLORING THE NEED FOR A POST-WTO FRAMEWORK CROSS-BORDER INSOLVENCY IN PRIVATE INTERNATIONAL LAW– EXAMINING THE UNICTRAL MODEL

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IMPACT OF ADMINISTRATIVE MALPRACTICES ON THE BUREAUCRATIC MORALITY OF INDIA: A STUDY

Volume I Issue II /

IMPACT OF ADMINISTRATIVE MALPRACTICES ON THE BUREAUCRATIC MORALITY OF INDIA: A STUDY Devika Reshma, Student at Symbiosis Law School, Hyderabad. Download Manuscript ABSTRACT After attaining Independence from the Britishers in 1947, India was successful in inheriting the best administrative structure compared to all the emerging countries with its morally upstanding and committed public service. However, with time, this moral structure was soon corrupted with commissions of administrative malpractices that changed the administrative bodies’ very foundation. Observing morality as a concept in governance has been a concern for Indians since immemorial. Most often, the moral aspect is tainted with the nature of political, judicial, and administrative corruption in India that has regressively affected the performance standard within the bureaucratic system. India has also witnessed extensive misuse of legal and constitutional machinery by highly placed ministers of the government and other authorities who began to rock the moral structure of the nation since the very first decade of Independence. One question that is often asked is how such administrative malpractices affect the bureaucratic morality of the country, which will be dealt with in this research article. The article will also focus on a comparative analysis of the impact of administrative malpractices on the bureaucracy in India and other developed nations. Finally, this article shall conclude by finding out what steps must be taken to keep such administrative bodies under control to ensure the morally upstanding structure created by the country stands strong. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 219 – 228. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content IMPACT OF ADMINISTRATIVE MALPRACTICES ON THE BUREAUCRATIC MORALITY OF INDIA: A STUDY ONLINE MEDICAL NEGLIGENCE UNDER CONSUMER PROTECTION ACT, 2019 THE KEY IMPLICATION OF SECTION 29A IN CORPORATE INSOLVENCY RESOLUTION PROCESS EXPLORING THE NEED FOR A POST-WTO FRAMEWORK CROSS-BORDER INSOLVENCY IN PRIVATE INTERNATIONAL LAW– EXAMINING THE UNICTRAL MODEL A SPOTLIGHT ON UNLAWFUL ACTIVITIES PREVENTION ACT, 2019

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ONLINE MEDICAL NEGLIGENCE UNDER CONSUMER PROTECTION ACT, 2019

Volume I Issue II /

ONLINE MEDICAL NEGLIGENCE UNDER CONSUMER PROTECTION ACT, 2019 Kashish Hanumandas Darak, Student at Alliance School of Law, Alliance University, Bengaluru. Download Manuscript ABSTRACT The modern era has been designated as the era of consumers. The consumer is the driving force behind all marketing efforts in addition to being the object of their mind and heart. As consumers, we deal with a lot of issues like subpar products, inadequate services, adulterated food, fake goods, hoarding, the use of fractional weights and misleading weights, delayed deliveries, variations in the contents of the pack, subpar after-sale service, deceptive advertising, hidden price components, price discrimination, etc. These issues develop as a result of dishonest sellers taking unfair advantage of customers’ inexperience and weakness. With the developing world technology is reaching its peak and so are the provisions and availability for the consumers. By far technology has covered almost all the sectors to grant access to the consumers. Amongst which the most debated be the ‘health sector’. There are various platforms that provide for online health care consultations and treatments. Platforms like Practo, Healthians, DocsApp, PharEasy and many more are available. Hence with its access, the problems faced by the consumers are also new and complex for judiciary of the land to decide on. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 204 – 218. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content ONLINE MEDICAL NEGLIGENCE UNDER CONSUMER PROTECTION ACT, 2019 THE KEY IMPLICATION OF SECTION 29A IN CORPORATE INSOLVENCY RESOLUTION PROCESS EXPLORING THE NEED FOR A POST-WTO FRAMEWORK CROSS-BORDER INSOLVENCY IN PRIVATE INTERNATIONAL LAW– EXAMINING THE UNICTRAL MODEL A SPOTLIGHT ON UNLAWFUL ACTIVITIES PREVENTION ACT, 2019 EQUALITY AND INCLUSIVITY: THE PUSH FOR LEGALIZING SAME-SEX MARRIAGES IN INDIA

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THE KEY IMPLICATION OF SECTION 29A IN CORPORATE INSOLVENCY RESOLUTION PROCESS

Volume I Issue II /

THE KEY IMPLICATION OF SECTION 29A IN CORPORATE INSOLVENCY RESOLUTION PROCESS Akash Kumar, Student at Central University of South Bihar. Arvind Kumar, Student at Central University of South Bihar. Download Manuscript ABSTRACT This research paper tries to explore the current situation of Section 29A of the IBC, and also the CIRP’s aftermath. The Insolvency and Bankruptcy Code (IBC) governs insolvency proceedings, with the main objective of presenting a resolution plan to a corporate debtor. Earlier, a resolution applicant may be anyone who submitted a resolution plan to the resolution professional, and a resolution plan could have been any plan suggested by anyone for the corporate debtor’s insolvency resolution. Since there were no specific criteria or qualifications, any party, including the corporate debtor’s promoters or any connected party, might propose a resolution plan. The main objective of the paper to evaluate the function of CIRP after the encapsulation of Section 29A into the code. Section 29A of the IBC has become one of the most important statutes in evaluating Resolution Applicants’ eligibility throughout the Corporate Insolvency Resolution Process. In its initial it includes safeguards to prevent defaulting promoters from acquiring the corporate debtor also debarred the promoters to regain the control over the company with non-performing asset amount. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 195 – 203. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content THE KEY IMPLICATION OF SECTION 29A IN CORPORATE INSOLVENCY RESOLUTION PROCESS EXPLORING THE NEED FOR A POST-WTO FRAMEWORK CROSS-BORDER INSOLVENCY IN PRIVATE INTERNATIONAL LAW– EXAMINING THE UNICTRAL MODEL A SPOTLIGHT ON UNLAWFUL ACTIVITIES PREVENTION ACT, 2019 EQUALITY AND INCLUSIVITY: THE PUSH FOR LEGALIZING SAME-SEX MARRIAGES IN INDIA A COMPARATIVE ANALYSIS OF THE DPDP BILL AND OTHER PRIVACY LAWS

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