Portfolio and risk management are pivotal components of the financial markets, driving the investment decisions of individuals, institutions, and corporations. This paper explores the intricacies of constructing and managing
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Navtej Singh Johar & Ors. v. Union of India, (2018) 10 SCC 1 Rama Dutt, Harlal School of Law, Greater Noida Mohit Dutt, Karam Safety India Pvt. Ltd Download Manuscript doi.org/10.70183/lijdlr.2025.v03.70 The Supreme Court of India, in Navtej Singh Johar v. Union of India, addressed the constitutional validity of Section 377 of the Indian Penal Code, which criminalized consensual sexual acts between adults of the same sex. The petitioners, comprising individuals from the LGBTQ+ community, contended that Section 377 infringed upon their fundamental rights under Articles 14, 15, 19, and 21 of the Constitution. The Court unanimously held that Section 377, to the extent it criminalized consensual sexual conduct between adults, was unconstitutional. It emphasized that sexual orientation is an inherent aspect of identity and that the right to privacy and dignity is fundamental. The judgment overruled the previous decision in Suresh Kumar Koushal v. Naz Foundation and reaffirmed the principles laid down in Naz Foundation v. Govt. of NCT of Delhi.This landmark decision marked a significant step towards ensuring equality and non-discrimination for the LGBTQ+ community in India, aligning the nation’s legal framework with constitutional morality and human rights principles.
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COMPETITION COMMISSION OF INDIA V. SCHOTT GLASS INDIA PVT. LTD., (2025) 13TH MAY, SUPREME COURT OF INDIA; CIVIL APPEALS 5843 & 9998 OF 2014 Akshara Gupta, 4th Year, SCHOOL OF LAW, GALGOTIAS UNIVERSITY Download Manuscript doi.org/10.70183/lijdlr.2025.v03.69 This Supreme Court ruling in CCI v. Schott Glass India Pvt. Ltd. (2025 INSC 668), passed by a division bench of Vikram Nath and Prasanna B. Varale, was with regard to charges under Section 4 of the Competition Act, 2002. Kapoor Glass India Pvt. Ltd. charged Schott India with abuse of its dominant market position by exclusionary volume and functional rebates, an anti-competitive long-term supply agreement (LTTSA) with Schott Kaisha, and tying clear and amber tubing. The Competition Commission of India (CCI) had penalized but the order was set aside by the Competition Appellate Tribunal (COMPAT) based on insufficient evidence and procedural defects. In appeal, the Supreme Court affirmed COMPAT’s conclusion. The Court underscored the importance of effects-based harm analysis in cases of abuse of dominance. It held that Schott India’s rebates were not exclusionary on equal terms and were justified by the need for operations. The LTTSA between Schott Kaisha and the LTTSA was neither exclusionary nor predatory because Schott India did not have any presence in the downstream market. Tying and NGC and NGA were denied on the grounds of technical and economic continuity of products. Most importantly, the Court denounced the refusal of cross-examination to Schott India as a travesty of natural justice. Without validated evidence, the Commission’s conclusion was not legally viable. The judgment robusts due process in competition law enforcement and conforms to international antitrust standards.
RECALIBRATING FREE SPEECH IN INDIA’S DIGITAL AGE: BALANCING EXPRESSION, NATIONAL INTEGRITY AND THE GLOBAL DEMOCRATIC CHALLENGES Anshu Gupta, BALLB (1st Year), Banaras Hindu University Download Manuscript doi.org/10.70183/lijdlr.2025.v03.68 In the digital age, India is witnessing an intensifying clash between constitutional free speech protections and state-imposed restrictions rooted in national security concerns and digital nationalism. On the one hand, Article 19(1)(a) of the Indian Constitution guarantees freedom of speech, while on the other hand, emerging norms of “digital nationalism” have prompted increasingly broad censorship laws, as reflected in the Bhartiya Nyaya Sanhita (BNS), which, while omitting IPC Section 124A (sedition) but introduces Section 152 – a broader framework penalizing threats to national sovereignty and integrity. India’s evolving digital speech regime through the lens of national case law and law is in contrast with liberal-democratic models abroad. This paper examines India’s current framework – Article 19’s reasonable restrictions, the IT Act and 2021 IT Rules, especially intermediary due diligence and traceability requirements – and the key Supreme Court decisions from Ramesh Thappar to Shreya Singhal and Anuradha Bhasin. Along with this backdrop, the paper comprises international norms like UDHR Art. 19, ICCPR Art. 19, ECHR + NetzDG, which handle speech limits. Exploring digital nationalism in India, for example, coordinated online trolling by political operatives and frequent internet shutdowns and their chilling effects on journalism and dissent. Finally, recommendations and reforms adopting formal proportionality review, ensuring transparency of takedown orders and creating an independent digital rights oversight body. By drawing on comparative jurisprudence, the paper argues India can safeguard democratic values and lead globally in balancing speech freedom with legitimate state interests.
FROM CUSTOM TO CODEX – HOW LAW RECONFIGURES SOCIAL CONSTRUCTS OF MARRIAGE AND KINSHIP Sweksha Kumari, 1st year BALLB Student at Mumbai University. Download Manuscript doi.org/10.70183/lijdlr.2025.v03.67 The research paper examines the changing nature of the interrelationship existing between customary social practices and codified legal frameworks in India as far as the institution of marriage and kinship are concerned. Its key government inquiries are: What has been the effect of conventional precepts on the contemporary Indian calculations of marriage and family as law? And how far do the statutory laws resonate with or clash with the customary law, more so in the rural and diversely socio-cultural environments? It involves the analysis of a doctrine of law, additional to the case law research, review of the statutory interpretations, and sociological implications through the information provided in the census and ethnographic reports. The discussion on the translation of customary norms into enforceable legal rights within the constitutional and statutory regime of India is put in the light of the Latin legal maxim ubi jus ibi remedium which, being translated into English, states where there is a right, there is a remedy. The Indian marriage was celebrated as a holy life-long bond. This is no longer the case however, as it is controlled today by a dual religion or personal laws (e.g., the Muslim Personal Law (Shariat) Application Act, 1937) and secular statutory laws (e.g., the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954). The paper focuses on the tension between norms not stated in the letter of the law and normative democratic rules, particularly when traditional caste, religion, gender, or sexuality discourses add to legal interpretation and enforcement difficulties. In the findings, it is seen that patriarchal ideas of kinship are gradually being reconstituted through courts, especially in such aspects of life as adoption, inheritance and guardianship. It can be summarized in the paper that a balanced legal practice, one that reconciles the traditional legitimacy with constitutional value, is of essence to the provision of justice, which is inclusive yet culturally echoed within a pluralistic society such as India.
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ARTIFICIAL INTELLIGENCE IN LEGAL PRACTICE: TRANSFORMING CONTRACT ANALYSIS AND LEGAL RESEARCH Rachana Mishra, B.A.LL.B.(Hons) 5th year, SS Khanna Girls’ Degree College, Prayagraj Mustafa Khan, LLB, Integral University, Lucknow Download Manuscript doi.org/10.70183/lijdlr.2025.v03.66 This article analyses the transformative impact of artificial intelligence on contract analysis, legal research, and all aspects of legal practice in India. In this article, we applied a qualitative methodology and, apart from it also include a literature review and statutory interpretation, so it examines how AI helps in enhancing efficiency, accuracy, and access to justice while also addressing some challenges such as data privacy, algorithmic bias, and ethical dilemmas. Now, essential takeaways highlight AI’s role in different places, like in automating routine tasks, reducing costs and advancing access to justice and risks like job displacement and regulatory gaps. The article cites many statutory frameworks which including the Information Technology Act, 2000, and the Indian Evidence Act, 1872, acknowledging the Indian legal regime’s limited engagement with AI-specific issues. It asserts that the Bar Council of India should work on AI ethical guidelines, mandate training, and include legal technology into law school academic programs to align innovation with ethical obligations.
FROM CYBERSQUATTING TO META TAGGING – THE EXPANDING SCOPE OF TRADEMARK INFRINGEMENT IN THE DIGITAL SPHERE Priya Dharshini A, LLM Student, Government Law College, Trichy. Download Manuscript doi.org/10.70183/lijdlr.2025.v03.65 With the rapid expansion of digital commerce, trademark infringement in the digital sphere has grown in complexity and scale. In 2024, trademark owners from 133 countries filed 6,168 domain name complaints under the UDRP marking the second highest annual figure, highlighting the global rise in cybersquatting and related online violations. This paper examines how traditional trademark protection has evolved to address online issues such as cybersquatting, meta-tagging, keyword advertising and impersonation on social media. These tactics divert consumer attention thereby misleading them, exploit brands image and diminish market credibility. The paper offers an analysis of Indian and international frameworks including the Trade Marks Act, 1999, the INDRP, and the UDRP and identifies enforcement obstacles such as digital anonymity, cross border jurisdiction and weak platform accountability. Further, it addresses new threats from NFTs, block-chain domains, and AI-generated misuse. A 2024 study of NFT marketplaces found 8,000+ infringing collections, linked to $59 million in consumer deception and economic harm. Decentralized domain systems and AI-driven keyword tools pose enforcement challenges that often evade traditional legal remedies. The paper recommends extending trademark protection to virtual goods, defining AI-related liability, enforcing stricter rules for digital platforms, and implementing faster dispute resolution processes. By integrating case law, data trends and statutory gaps, this paper will strengthen the legal understanding of online trademark risks and equips practitioners with strategies to navigate and address infringement in evolving digital marketplaces.
FLUID TRADEMARKS IN INTELLECTUAL PROPERTY: THE VERSATILE NATURE OF BRAND IDENTITY Palak P Kumar, B.A LL. B(H), Amity University Haryana Download Manuscript doi.org/10.70183/lijdlr.2025.v03.64 In the constantly evolving realm of global commerce, brands are perpetually searching for innovative methods to remain applicable and engage with their audiences. Traditional Trademarks, which were formerly immobile and unchanging, are now being replaced by a more dynamic and adaptable approach – Fluid Trademarks. This idea acknowledges that brand identity is not fixed; rather, it is a living, breathing reality that transforms in response to market trends, consumer preferences and cultural contexts. Fluid Trademarks signify a major shift in how brands perceive their identity which is important for brand protection. The era of rigid, unchanging ensigns and symbols is over. Brands are now espousing flexibility and rigidity, enabling them to remain material in a fleetly changing environment. This strategy recognises that brand identity is not a static motion but a dynamic and evolving reality that can manifest in colourful forms. While fluid trademarks deliver multitudinous advantages, they also introduce challenges. A primary concern is the preservation of brand recognition and consistency. With a fluid trademark, icing that the brand’s identity remains invariant across all touch points can be grueling. Likewise fluid trademarks complicate the protection of brand identity under the Indian Indian Trademark Law as the brand’s identity is in a state of constant progression. As the global marketplace continues to change it is apparent that fluid trademarks will impact brand identity. By embracing flexibility and adaptability, brands can remain relevant, connect with new audiences and sustain a robust relationship with their customers. Looking ahead, it is clear that the most successful brands will be those that can strike a balance between consistency and creativity while navigating the complexities of the Indian Trademark Law. By comprehending the benefits and challenges associated with fluid trademarks, brands can leverage this approach to shape their identity and achieve success in the global business.
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UNDERSTANDING THE DISTINCTION BETWEEN ASSAULT AND BATTERY IN CRIMINAL LAW Nikita Nijjar, BALLB (H), 2024-2029, 3rd Semester, IILM University, Greater Noida Download Manuscript doi.org/10.70183/lijdlr.2025.v03.63 The present research paper explores the differences between assault and criminal force (consistent with battery) under Indian criminal law, including historical development, statutory definitions, types, legal framework, and penalties. This research used doctrinal legal research methodology to examine provisions of the Indian Penal Code (IPC) and the recent Bhartiya Nyaya Sanhita (BNS), 2023, as well as judicial law included in relevant cases. Important findings include that assault (Section 351 IPC/BNS) requires some act or preparation that causes a reasonable apprehension that the defendant will cause the plaintiff injury without any physical contact, while criminal force (Section 350 IPC/BNS) involves the defendant intentionally making physical contact with the plaintiff without any consent, causing injury, fear or annoyance. This paper further analyzes two landmark rulings, including Rupavati v. Shyama (1958) as case law to illustrate judicial interpretations. Overall, the paper concludes that this important distinction is vital for classifying and relying on laws that evolve properly and must continually evolve to keep pace with modern issues, such as cyber threats.
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SAFEGUARDING HERITAGE: BASMATI RICE DISPUTE (INDIA V. RICETEC INC. 1997) Pavithra. K, 5th semester, BBA LLB (Hons.), School of Legal Studies, CUSAT Download Manuscript doi.org/10.70183/lijdlr.2025.v03.62 A legal battle over intellectual property between two countries that shook the whole global market stands as a cornerstone in the evolution of intellectual property law in India. The Basmati Rice Dispute (India v. RiceTec Inc., 1997) became an influential case that pressed for the protection of traditional knowledge and geographical indications, setting a legal precedent. India’s rich biodiversity has served as a magnet, attracting foreign countries. Since time immemorial, rice has been a staple food in most Asian countries, with India being a major exporter of Basmati rice. The US patent claim on Basmati, which infringed India’s traditional knowledge rights, disregarded the cultural, agricultural, and geographic origins of Basmati rice. RiceTec’s attempt to deceptively capture the global market for Basmati rice was strategically defeated by India. As a result, RiceTec withdrew 15 claims out of 20 claims they asserted in the patent application and the title was amended to “Rice Lines Bas867, RT 1117 and RT1121”, thereby safeguarding the distinct identity of Basmati rice. Even though RiceTec retained certain claims, it was not permitted to use the term “Basmati,” which marked India’s success in the legal battle. The major outcome of the dispute was the introduction of Geographical Indications of Goods (Registration and Protection) Act, 1999, a legal reform that removed the lacunae in addressing the geographic origin of varieties. It also accelerated global awareness of biopiracy and need for the protection of traditional knowledge. This article seeks to analyse the Basmati rice dispute and its economic, cultural, and legal impact through the FILAC methodology, a structured legal analysis framework. This case holds greater global significance, as developing countries are still facing challenges in protecting their traditional knowledge and indigenous products.
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