LIJDLR

Volume II Issue II

JUDICIAL DISCRETION UPON ADMISSIBILITY OF EVIDENCE: A PERQUISITE OR PREDICAMENT

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

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LIE-DETECTION AS A METHOD FOR CRIME- SOLVING IN INDIA

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

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UNRAVELING THE INTRICACIES: A DEEP DIVE INTO THE NUANCES OF COPYRIGHT LAW AND THE FINE PRINT OF INTELLECTUAL PROPERTY RIGHTS

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

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FASHION FORTIFICATION: DEFENDING DESIGN WITH PATENTS, COPYRIGHTS, AND TRADEMARKS

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

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VOICES UNHEARD: THE REALITY OF DOMESTIC VIOLENCE AMONG DALIT WOMEN

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

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UNMASKING THE DIGITAL PHANTOM: CHALLENGES IN PROSECUTING DIGITAL CRIMES

UNMASKING THE DIGITAL PHANTOM: CHALLENGES IN PROSECUTING DIGITAL CRIMES Deepti, Student at M.E.R.I. Professional and Law institute. Download Manuscript ABSTRACT The evolution of technology has transformed the landscape of crime; each and every single day, a new criminal is born in the vast space of cyberworld. This research paper includes the study of challenges which are faced in applying and regulating law worldwide in prosecuting cybercrimes. Through a deep analysis of case laws, studies, frameworks, and literature, the research paper revolves around the different obstacles faced in tracing and prosecuting digital perpetrators. The main challenges include difficulties related to territorial jurisdiction because cyberspace has no geographical or territorial boundaries. Moreover, crucial evidence for prosecuting cybercrime can be gathered through the use of various and advanced encryption technologies, for example: digital forensic investigation. The fast growth of cybercrimes results in increasing challenges, requiring the law to be updated and advanced with time to constantly adapt to new tactics used by cybercriminals. To overcome these challenges, a righteous and advanced approach is needed that also encompasses technological innovation and proper legislative frameworks. To face digital crimes, coordination between law enforcement agencies of different nations is required, along with specialized training to enhance the capabilities of officials in investigating and prosecuting offenses in the digital world. By analyzing these challenges and forming proper solutions to the problems, this research concludes that ongoing efforts must be made to safeguard individuals and the society from the pernicious threat of criminal activities emerging in cyberspace. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 502-521. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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CORPORATE FRAUD IN RELATION TO WHITE COLLAR CRIME IN INDIA

CORPORATE FRAUD IN RELATION TO WHITE COLLAR CRIME IN INDIA Shivangi, 5th Year Student. Download Manuscript ABSTRACT White-collar crime was a term first used by Edwin Sutherland in 1939 to denote crimes other than those that did not involve violence, but which engaged businesses, professionals or government officials in them with the sole purpose of taking the money outside of their income. In FY 2023 there were about 13000 bank frauds reported in India by the RBI. It was recognized that the regulatory system is unsatisfactory and requires the evaluation of the role of auditors on an urgent basis. Banks and loaning agencies have not been doing their best in these circumstances, which is affected by the greasing of professional management. The abstract stresses that in India a comprehensive approach, including the introduction of new statutes, and increasing corporate governance across the board must be put in place in order to effectively and with integrity, sort out the corporate frauds issue. India can establish itself as a more trustworthy and responsible business environment by becoming aware of and thus, working towards resolving business crimes like the theories of white- collar thievery and derailment. This will be achieved by safeguarding the investors and promoting the economic growth. Developing a culture of ethics and transparency within an organization and promoting it in the long run could be the most effective strategy for stopping corporate fraud. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 491-501. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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An Overview on Crime of Rape Against Women In Meghalaya

AN OVERVIEW ON CRIME OF RAPE AGAINST WOMEN IN MEGHALAYA Ms. Joymati Panika, Assistant professor, Department of Legal Studies, Arunachal University of Studies (Namsai) Download Manuscript ABSTRACT It is no doubt that rape is immoral seriously wrong. Rape is arguably among the crimes that can never be condoned. It’s probably one of those wrongs that can never be forgiven. It is one of those wrongs that criminal legislation should forbid and punish. This paper aims to investigate the causes of increasing number of Rape incident against women in matrilineal society of Meghalaya. The study purpose to describe the question that why a larger section of women in Meghalaya still suffering from Rape and it is increasing day by day in this contemporary world. The methodology of the study is descriptive and qualitative in nature. This study is based on various reliable secondary sources. The findings of the study states that women are facing sexual assault such as rape in Meghalaya is directly interlinked with the weakness of law and policies poor economic background, illiteracy, illicit mindset and influence of social media. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 475-490. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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THE JOURNEY OF LEGALIZED PASSIVE EUTHANASIA IN INDIA

THE JOURNEY OF LEGALIZED PASSIVE EUTHANASIA IN INDIA Arpeeta Dash, Law Student At Symbiosis Law School, Nagpur. Download Manuscript ABSTRACT India is a quasi-federal and democratic country. A country which has rigid and written constitution. The constitution has different features and one such feature is that it provides different fundamental rights to a person. One such important fundamental right is Article 21 which states right to life and personal liberty. The article may seem to be short but its interpreted in wider sense through judicial interpretation and pronouncements. Right to life also includes right to live with dignity as well as right to die with dignity and right to die with dignity welcomes the legalized passive euthanasia to all the Indian citizens. Therefore, this article will provide the remarkable journey of legalized passive euthanasia in India. It will critically analyse the concept of euthanasia and will provide the different kinds of euthanasia. It will provide the evolutional journey of euthanasia from the year 1986 to year 2018. The evolutional journey will be cited by different cases as to how the concept of euthanasia was curbed and shaped by the Indian legal system. It will also explain the inter-relation between euthanasia and right to die with dignity and how the courts in India has interpreted both. It will try to differentiate between euthanasia and suicide and how the Indian society and medical fraternity reacts to it. It will also explain the concept of living will and how it is used in medical ethics. Lastly, it will try to explain as why right to die is excluded from Article 21 and what is the reaction of Indians towards euthanasia whether they are in favour of it or are against of it. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 463-474. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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NAVIGATING THE GST TERRAIN: IMPACT ON MSMES AND PATHWAYS TO MITIGATION

NAVIGATING THE GST TERRAIN: IMPACT ON MSMES AND PATHWAYS TO MITIGATION Rakshak Tyagi, 3rd year BA LLB student at Army, Institute of Law, Mohali Alok Kumar, 3rd year BA LLB student at Army, Institute of Law, Mohali Download Manuscript ABSTRACT The Goods and Services Tax (GST) Act of 2017 aimed to revolutionize trade by consolidating 17 diverse taxes into a cohesive system with four tax slabs, marking a significant shift in India’s indirect tax regime. However, its journey witnessed nearly 2000 amendments in seven years, prompting concerns about stability and effectiveness. Challenges persist for Micro, Small, and Medium Enterprises (MSMEs), notably in GST registration, compliance burdens, and selection dilemmas between composition and regular tax regimes. These challenges exacerbate operational inefficiencies, particularly affecting small-scale businesses. Additionally, the lack of clarity in tax regulations and the reverse charge mechanism add to the burden, hindering business operations. Addressing these challenges requires simplifying the composition scheme, extending Input Tax Credit (ITC) benefits, and streamlining processes to foster smoother business operations under the GST regime. Efforts to enhance government systems can prevent minor mistakes from disrupting entities’ core operations. This paper provides valuable insights into the challenges faced by MSMEs under the GST regime and proposes solutions to alleviate their impact, making it essential reading for policymakers, business owners, and researchers seeking to understand and address the implications of GST implementation in India. The comprehensive analysis offered in this study serves as a roadmap for navigating the complexities of GST for MSMEs and underscores the importance of policy interventions urging policymakers to simplify GST compliance for MSMEs and offers researchers a framework to assess policy effectiveness, fostering informed decisions and further study. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 455-462. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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