Volume II Issue II

CHALLENGES IN JUDGES APPOINTMENT : IDENTITY, IDEOLOGY AND CONFLICT Download Manuscript Yashi Srivastava, 3rd year B.A.LL.B. at Student at Symbiosis Law School ,Noida The appointment of judges in India has been a subject of intense scrutiny and debate, reflecting the nation’s commitment to upholding the principles of judicial independence, accountability, and constitutional governance. This research critically analyses the evolution, challenges, and comparative aspects of India’s judicial appointment mechanism, with a focus on understanding its historical background, the establishment of the Collegium System, and the dynamics between Supreme Court and High Court appointments. Drawing upon insights from international models, particularly the United States, the research seeks to propose recommendations for reforming the existing system to enhance transparency, accountability, and judicial independence. Through a comprehensive analysis of historical antecedents, judicial precedents, and comparative perspectives, this research aims to contribute to the ongoing discourse on judicial reform in India. The study underscores the necessity of a balanced approach to maintain the judiciary’s integrity while ensuring meritocratic and diverse appointments. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 606-619. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

JUDICIAL DISCRETION UPON ADMISSIBILITY OF EVIDENCE: A PERQUISITE OR PREDICAMENT Devika Raj, Symbiosis Law School, Nagpur Download Manuscript The present manuscript draws a parallel between the perquisites and predicaments of the component of how judicial discretion variedly affects the admissibility of evidence in both the civil as well as criminal cases at the preliminary stage. We have taken into consideration the beauteous idiosyncrasy of the judges formed over years of virtuosity as well as kept the factor of the scope of retaliation by the litigant and its mechanisms upon dissatisfaction in the cases of the jurist’s not being by the tenets of the esteemed Act of Evidence Law. The very facet of a form of evidence being in consonance with the statute and it not adhering to or aligning with the particularity of the Act would be paid heed to and various extensions of the same would be discussed. There cannot be a probable conclusion to the said topic, but the importance of a jurist’s perspective would be laid down. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 597-605. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

LIE-DETECTION AS A METHOD FOR CRIME- SOLVING IN INDIA Shambhavi Tripathi, Student at Bennett University Download Manuscript “If the police had to adopt any lie-detection technique as a measure to facilitate a criminal investigation then it should be presumed that all other attempts to gather evidence or information such as getting a confession have not been successful and that the investigation has come to a standstill”[1]. These are the words of the former additional solicitor general of India, Mr. KN Bhatt. As far as the equation of Indian law and lie-detection is concerned, the use of such methods has been a topic of controversy. A number of professionals both from the field of science and law have for a long time contested against usage of lie detection methods as a part of criminal investigation contesting its lack of precision and probability of erroneous results. Moreover, institutions and individuals dedicated to promotion of human rights have criticized the test stating that it infringes the fundamental rights of the suspects, witnesses or any other person on whom the test is being conducted. This paper talks about the various techniques of lie detection such as brain mapping, polygraph tests and Narco-analysis, along with their flaws, conditions and mechanisms. It will then be followed by the relationship between lie detection methods and the National Human Rights Commission. The paper then elaborates on the legal provisions in India that support or go against the concept of lie detection followed by some Judicial Pronouncements by the Supreme Court of India where it made an attempt to ascertain and elaborate the concept of lie detection’s evidentiary value. Finally, the paper concludes with the author’s personal opinion on the present condition of the usage of lie-detection in India and its future possibilities. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 586-596. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

UNRAVELING THE INTRICACIES: A DEEP DIVE INTO THE NUANCES OF COPYRIGHT LAW AND THE FINE PRINT OF INTELLECTUAL PROPERTY RIGHTS Vedant Saxena, BA.LLB, 5th year student Download Manuscript For dozens of individuals across the country, the concept of intellectual property rights is still relatively new. Since it refers to the ownership of intangible assets, an individual or a business may not be aware of the rights it is entitled to, with respect to its assets. IP infringement has become a rampant phenomenon in today’s digital era. A lack of awareness of the vulnerability of one’s intellectual Property could have deleterious effects on their business. Through this article, the author presents a novel take on the fine print of IPR, with the primary focus on the law of copyright.  Apart from delving into the perquisites of copyright, the author has also discussed the economic and moral rights associated with ownership, through a catena of landmark cases. Further, the author has also discussed the relationship of IPR with innovation, in light of the jurisprudence of the subject and its relevance in the modern day. The author, through this paper, attempts to make copyright owners aware of their rights and limitations, to help them keep possible future disputes at bay. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 567-585. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

FASHION FORTIFICATION: DEFENDING DESIGN WITH PATENTS, COPYRIGHTS, AND TRADEMARKS Manvinder Singh, LL.B., Asian Law College. Mannat Kapoor, BA.LL.B. Asian Law College. Download Manuscript Fashion is a sector heavily dependent on intellectual property rights (IPR) to safeguard its ideas, designs, and brands, with an annual valuation reaching USD 2 trillion. This study explores the complex terrain of intellectual property rights (IPR), examining its varied implications, historical foundations, and current issues through a methodical blending of primary and secondary research approaches. This paper first clarifies the prons and cons of intellectual property rights (IPR) in the fashion industry before navigating the complex mechanics of IPR protection, cultural heritage preservation, and economic growth catalysis. The article outlines the legal framework supporting IPR in fashion by closely examining important case laws and significant legal frameworks, such as trademark statutes, copyright laws, and design patents. The report clarifies several IPR categories that are important for fashion companies, including trade dress, patents, designs, trade secrets, trademarks, and copyrights. Fashion firms’ legal entanglements and enforcement obstacles in protecting their intellectual property are carefully examined through carefully chosen case studies like Louis Vuitton vs. My Other Bag and Puma vs. Forever 21. In order to tackle enduring issues like counterfeiting, ineffective enforcement, and inadequate design protection, this study promotes proactive intellectual property rights management tactics and the use of innovative technology. The study emphasizes the critical role that strategic IPR enforcement plays in protecting the integrity of fashion brands and creating an atmosphere that is favorable to innovation and growth by extrapolating legal precedents shown in cases such as Gucci v. Guess.   In short, the legal research provides a sophisticated comprehension of the dynamic interaction between intellectual property rights (IPR) and the global fashion industry. It highlights the necessity of strong legal frameworks, proactive management approaches, and cooperative efforts between stakeholders to strengthen the fashion industry’s creative ecosystem against new threats. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 543-566. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

VOICES UNHEARD: THE REALITY OF DOMESTIC VIOLENCE AMONG DALIT WOMEN Debopriyo Shome, Student, Sister Nivedita University Subhagata Chowdhury, Student, Sister Nivedita University Download Manuscript For centuries, Dalit women in India have endured a culture of silence. They have silently witnessed their own exploitation, oppression, and brutality. Their bodies, earnings, and lives are not under their control. The manifestations of violence, exploitation, and oppression against them are evident in various forms such as hunger, malnutrition, disease, physical and mental torture, rape, illiteracy, poor health, unemployment, insecurity, and inhumane treatment. The combined forces of Feudalism, Casteism, and patriarchy have turned their lives into a living hell. Most of them live in extremely precarious conditions. Despite the advancements of modernism and post-modernism, they continue to exist in a dark age of savagery. This paper focuses on the crucial issue of safeguarding Dalit women from domestic violence in India. It delves into the complex challenges they face, including deeply rooted caste and gender discrimination, which make them more vulnerable to domestic abuse. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 522-542. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024