LIJDLR

Judicial Interpretation

ANTICIPATORY BAIL UNDER BNSS: SCOPE, LIMITATIONS, AND CONFLICTING JUDICIAL INTERPRETATIONS

Volume IV Issue I /

ANTICIPATORY BAIL UNDER BNSS: SCOPE, LIMITATIONS, AND CONFLICTING JUDICIAL INTERPRETATIONS Hastakshar Singh, Student, 10th Semester, BA LLB(H), Amity Law School, Amity University Lucknow (India) Dr. Axita Srivastava, Assistant Professor at Amity Law School, Amity University Lucknow (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.82 Anticipatory bail operates as a critical safeguard against arbitrary arrest and unnecessary pretrial detention, drawing normative strength from Article 21 and the presumption of innocence. The enactment of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has re-codified criminal procedure and recast anticipatory bail through section 482, broadly retaining the structure of section 438 of the Code of Criminal Procedure, 1973 while introducing notable textual and policy shifts. This paper undertakes a doctrinal and analytical study of anticipatory bail under BNSS, focusing on its scope, statutory conditions, and emerging judicial interpretations. It examines the constitutional foundations of prearrest liberty, the relationship between anticipatory bail and investigative needs, and the operational significance of conditions designed to prevent tampering, intimidation, and noncooperation. Particular attention is given to the categorical exclusion under section 482(4) for specified aggravated sexual offences under the Bharatiya Nyaya Sanhita, 2023, and the interpretive controversies arising from its language. The paper also maps conflicting approaches among courts on maintainability, duration, and interaction with special statutes, highlighting the risks of inconsistency and forum shopping. It concludes by proposing interpretive and institutional measures to ensure that BNSS anticipatory bail jurisprudence remains constitutionally coherent, victim sensitive, and uniformly applied.

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STATUTORY FRAMEWORK AND JUDICIAL INTERPRETATION OF THE TAMIL NADU LAND REFORMS (FIXATION OF CEILING ON LAND) ACT, 1961: AN ANALYTICAL STUDY

Volume IV Issue I /

STATUTORY FRAMEWORK AND JUDICIAL INTERPRETATION OF THE TAMIL NADU LAND REFORMS (FIXATION OF CEILING ON LAND) ACT, 1961: AN ANALYTICAL STUDY Pavithra S, II Year, LLM, Department of Property Law, School of Excellence in Law, The Tamil Nadu Dr. Ambedkar Law University, (India) Dr. P. Brinda, Associate Professor, School of Excellence in Law, The Tamil Nadu Dr. Ambedkar Law University, (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.37 The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 represents a significant legislative attempt to implement agrarian reform by limiting the concentration of agricultural land and facilitating equitable distribution. Despite the clarity of its social-welfare objective, the Act has generated extensive litigation, particularly concerning the interpretation and application of its statutory provisions. This paper adopts a doctrinal legal research methodology, relying on primary sources including the Act, its amendments, and judicial decisions of the Supreme Court of India and the Madras High Court, along with relevant secondary literature. The study is guided by key research questions relating to the judicial interpretation of “family” in ceiling computation, the validity of transfers under Section 22, procedural safeguards in surplus land acquisition, and the extent to which judicial trends align with legislative intent. By synthesising statutory provisions with leading judicial decisions, the paper demonstrates how judicial interpretation has shaped the practical operation of the Act over time. The study concludes that while the judiciary has largely upheld the legislative objective of land redistribution, variations in interpretative approaches have occasionally resulted in procedural delays and inconsistent outcomes. The paper emphasises the need for clearer statutory guidance and uniform application to ensure effective implementation of land ceiling laws in Tamil Nadu.

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STRIKING A BALANCE BETWEEN INNOVATION AND ACCESS: AN ANALYSIS OF THE FAIR DEALING PROVISIONS UNDER INDIAN COPYRIGHT LAW

Volume III Issue IV /

STRIKING A BALANCE BETWEEN INNOVATION AND ACCESS: AN ANALYSIS OF THE FAIR DEALING PROVISIONS UNDER INDIAN COPYRIGHT LAW Sohini Seal, BBA-LLB(H) 5th Year Student at Techno India University (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.187 Fair dealing operates as a statutory limitation on the exclusive rights of copyright holders, seeking to reconcile the protection of creative expression with the public’s right to access knowledge. In India, this balance is embodied in Section 52 of the Copyright Act, 1957, which adopts a closed-list approach by enumerating specific permissible purposes such as private use, research, education, criticism, review, and reporting of current events. Unlike the open-ended fair use doctrine in the United States, India’s framework affords limited judicial discretion, thereby prioritising legal certainty over flexibility. This paper analyses the scope and evolution of India’s fair dealing provisions through doctrinal and comparative perspectives, with particular emphasis on judicial interpretation in the context of education, research, and free expression. Landmark decisions, including The Chancellor, Masters & Scholars of the University of Oxford v. Rameshwari Photocopy Services, underscore the judiciary’s recognition of access to education as a paramount public interest in a developing economy. While Indian courts do not formally apply a multi-factor test akin to U.S. fair use, they have increasingly considered purpose, proportionality, and market impact to ensure that fair dealing does not undermine the legitimate interests of copyright holders. By situating India’s fair dealing regime within global copyright discourse, this paper argues that although the Indian approach remains narrower than that of the United States and less flexible than models adopted in jurisdictions such as the United Kingdom and Canada, it reflects a context-sensitive legal framework. The study concludes that judicially guided evolution, rather than wholesale statutory reform, has enabled Indian fair dealing to balance innovation with access while responding cautiously to emerging digital and educational challenges.

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CORPORATE DEBT RESTRUCTURING: LEGAL INTERSECTION OF COMPANY LAW AND IBC

Volume III Issue II /

CORPORATE DEBT RESTRUCTURING: LEGAL INTERSECTION OF COMPANY LAW AND IBC Karthikeyan D, Presidency University Bengaluru Download Manuscript doi.org/10.70183/lijdlr.2025.v03.76 Corporate Debt Restructuring (CDR) is a critical mechanism within India’s financial ecosystem, designed to facilitate the revival of financially distressed companies while safeguarding broader economic stability. This article examines the evolving legal framework governing CDR in India, focusing on the intersection of company law, banking regulation, and insolvency legislation. The Companies Act, 2013, provides the statutory foundation for corporate-level restructuring decisions through Sections 230 to 232, which enable schemes of compromise and arrangement to be made under judicial supervision. Simultaneously, the Reserve Bank of India (RBI) has issued prudential frameworks, including the erstwhile Corporate Debt Restructuring Mechanism and the recent Prudential Framework for Resolution of Stressed Assets, guiding financial institutions in managing non-performing assets. The introduction of the Insolvency and Bankruptcy Code (IBC), 2016 marked a transformative shift in India’s restructuring regime by introducing a time-bound, creditor-driven resolution process with legal enforceability. The IBC complements existing restructuring frameworks by serving as both a deterrent and a formal resolution mechanism. Provisions such as Section 230 schemes during liquidation and the Pre-Packaged Insolvency Resolution Process (Pre-Pack IBC) reflect the integration of insolvency laws. Beyond statutory regimes, this article addresses contractual and security law dimensions, including loan renegotiations, covenant modifications, and enforcement of security interests under the SARFAESI Act, 2002. The analysis highlights judicial evolution through landmark rulings such as Essar Steel, Jet Airways, and Swiss Ribbons, which reinforce creditor rights and ensure procedural integrity. Despite progress, challenges persist, including regulatory overlaps, procedural delays, and inter-creditor conflicts. Recent developments such as RBI’s emphasis on out-of-court restructuring and India’s move toward cross-border insolvency norms signal a forward-looking approach. This article concludes that a harmonized framework combining company law, banking regulation, and insolvency law is essential for improving efficiency, enhancing creditor confidence, and strengthening India’s corporate resilience.

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ANALYISING THE GENDER PAY GAP IN INDIA: EXPLORING CURRENT LEGAL EFFICACY

Volume III Issue II /

ANALYISING THE GENDER PAY GAP IN INDIA: EXPLORING CURRENT LEGAL EFFICACY Minhum Zaidi,Faculty of Law, Integral University, Lucknow, Uttar Pradesh Kashish Upadhyay,Faculty of Law, Integral University, Lucknow, Uttar Pradesh Download Manuscript For centuries, women in India have endured atrocities and injustices in the exercise of social and patriarchal norms. After the independence, legislative laws were enacted to safeguard women’s rights and bring them into the mainstream of society. Discrimination at workplaces, particularly concerning pay discrepancies between genders, has been outlawed in articles 14, 16, and 39 under the Indian Constitution, and the equal pay for equal work principle has been followed in legislative measures aiming to improve the equal representation of women in the economic sector too. Despite such continuing efforts, the gender pay gap in India continues unabated, with women continuing to pocket far fewer earnings than their male counterparts. According to the 2024 edition of the Global Gender Gap Report from the World Economic Forum, India is placed at 129th out of 146 countries with a parity score of 0.641, and Indian women make on average Rs 40 compared to the Rs 100 men earn doing the same job. This paper will look at the effectiveness of gender pay gap legislation through interpreting the judicial pronouncements on the socio-economic landscape, as well as the actual impact of legislation in terms of economic participation. The study makes use of a doctrinal approach by examining the text of the constitution, laws, and major judicial verdicts, as well as looking at empirical data and comparing it with other countries. Such a study would focus on the role of cultural attitudes and social expectations in wage gaps, especially in the informal sector where more females are employed. Ultimately, contributing to the debate over true gender pay equity in India and putting focus on very overarching approaches that include legislative enforcement and societal changes. doi.org/10.70183/lijdlr.2025.v03.53

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BRIDGING LAW AND FINANCE: THE ROLE OF LEGAL INSTITUTIONS IN FINANCIAL RECOVERY MECHANISMS

Volume III Issue I /

BRIDGING LAW AND FINANCE: THE ROLE OF LEGAL INSTITUTIONS IN FINANCIAL RECOVERY MECHANISMS Shaily Gupta, 10th Semester, B.A.LL.B Student at Amity Law School, Amity University, Uttar Pradesh Dr. Jyotsana Singh, Assistant Professor at Amity Law School, Amity University, Uttar Pradesh Download Manuscript doi.org/10.70183/lijdlr.2024.v03.28 This paper examines the critical intersection of legal institutions and financial recovery mechanisms in India’s evolving economic landscape. It analyzes how the Insolvency and Bankruptcy Code (IBC) of 2016 transformed creditor-debtor dynamics by creating a unified framework for resolution, while highlighting persistent challenges in implementation including judicial delays and institutional bottlenecks. The research explores the complementary roles of SARFAESI Act, Debt Recovery Tribunals, and regulatory frameworks established by the RBI and SEBI in facilitating debt recovery and financial stability. Through analysis of landmark judicial decisions, the paper reveals how courts have maintained a delicate balance between creditor rights and constitutional protections for debtors. Comparative examination of international insolvency regimes provides insights for potential reforms, particularly regarding cross-border insolvency and sector-specific frameworks. The study concludes that while significant legal advancements have occurred, India must address institutional capacity constraints, adopt the UNCITRAL Model Law on Cross-Border Insolvency, and develop pre-insolvency mechanisms to enhance recovery outcomes and systemic stability. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 682-714. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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FROM MAGNA CARTA TO MODERN INDIA: THE JOURNEY AND TRANSFORMATION OF FUNDAMENTAL RIGHTS

Volume II Issue III /

FROM MAGNA CARTA TO MODERN INDIA: THE JOURNEY AND TRANSFORMATION OF FUNDAMENTAL RIGHTS Parul Bhalla, BA. LLB. (Hons.)/ 3rd Year/ 5th Semester Student. Download Manuscript doi.org/10.70183/lijdlr.2024.v02.5 The concept of Fundamental Rights, deeply embedded in the Indian Constitution, is the cornerstone of democratic governance, ensuring the dignity and liberty of its citizens. This research paper traces the historical development of Fundamental Rights in India, from their ideological roots in documents like the Magna Carta and the American Bill of Rights to their formal incorporation into the Indian Constitution following the country’s independence. The drafting committee, led by Dr. B.R. Ambedkar, meticulously tailored these rights to suit the unique socio-political context of India, aiming to protect individual liberties against governmental excesses. The Indian judiciary, particularly the Supreme Court, has played a significant role in interpreting and expanding these rights through landmark judgments such as Kesavananda Bharati v. State of Kerala and K.S. Puttaswamy v. Union of India. It has stood true to the nomenclature of being the third pillar of the state machinery and, has time and again proven the need of the judicial system. Major Constitutional Amendments, including the 42nd and 44th Amendments, have influenced the scope and application of Fundamental Rights. The evolution of Article 21, encompassing rights such as privacy, a clean environment, and cultural heritage, exemplifies the judiciary’s proactive stance in broadening the ambit of Fundamental Rights. Additionally, the paper explores emerging challenges and potential areas for future expansion, focusing on the rights of marginalized communities, environmental protection, and technological advancements. It argues for a dynamic interpretation of Fundamental Rights, one that adapts to the changing socio-economic and political realities of contemporary India. By analyzing the interplay between historical precedents, judicial activism, and legislative actions, this paper highlights the enduring significance of Fundamental Rights in safeguarding individual freedoms and promoting social justice in India. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 50-66. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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