Volume I - Issue V / 2018

Media is a very powerful tool in a democratic country like India. The positive role and use of the mass media is the strongest tool to maintain democracy. Our country had transformed itself from the Police State to Welfare State. Due to this transformation, the responsibility of the state has increased manifold. To work in such increased responsible manner it is required to make a lot of legislation either by the parliament or by the administrative authority. It is important to disseminate these laws to the general public for whose benefit it has been made. If the public is not aware of their rights and liabilities then the very essence of the law is lost. In such condition, the law becomes the toy in the hand of some people which is the more dangerous situation. Whatever progress the country has done, or what is the new area where our country should focus can be projected with the help of media only. The print media and social media help the society to demand justice. In the present era, it is evident that those social and legal matters aroused in the society in which the media has taken initiatives has got more legal support and reached to the conclusion soon than those which never got the attention of the media. The advertisement of the Right to Information Act has proved the usefulness of the media for the betterment of the administration as well as the country. The public has awakened and got the idea about their rights. In dealing with the government offices, the awareness of the general public works as a strong stimulant to fight corruption. There are certain persons and offices which are diminishing the image of the media in the society. These people and organisations are using the wrong ways to publish the fake news which spread rumours in the society. It has caused a quarrel between the groups in the society. Such fake news spread enmities, disturb the social structures of society. It needs to be curbed. It has been proved in times that the media the Fourth Pillar of the Democracy.

Presently, India does not have a clear legal framework to deal with cross border insolvency and the Ministry of Corporate Affairs plans to introduce draft chapter on cross border insolvency under the Insolvency & Bankruptcy Code, 2016 (IB Code) as it issued a public notice inviting suggestions and comments on the same. The chapter on cross border insolvency would be generally based on the United Nations Commission on International Trade Law Model Law on Cross Border Insolvency (the "UNCITRAL Model Law") [1] . On 16 th November 2017, Government of India also appointed ‘ Insolvency Law Committee [2] ’ headed by Secretary of Ministry of Corporate Affairs ( MCA ) to give recommendations on adopting the Model Law in India. This article will discuss the complexities of cross-border insolvency in the present Indian context, the article will further set out the broad principles of the UNCITRAL Model Law and implication of cross border insolvency provisions in India. This article will further try to define the effects, advantages, disadvantages, objective, implementation and application of the model law in the Indian context. [1] Public Notice dated 20.06.2018, available at http://www.mca.gov.in/Ministry/pdf/PublicNoiceCrossBorder_20062018.pdf [2] http://pib.nic.in/newsite/PrintRelease.aspx?relid=184298

A standout amongst the most important functions of RBI is to fill in as regulator and supervisor of financial system. The financial system in India incorporates Commercial Banks, Regional Rural Banks, Local Area Banks, Cooperative Banks, Financial Institutions including Development Financial Institutions (DFIs) and Non-Banking Financial Companies. RBI infers its controlling forces for Indian Banking System from the arrangements of the Banking Regulation Act 1949. For different substances, it gets control from the RBI demonstration 1934. [1] The goals of this capacity are to secure the enthusiasm of the contributors and keep up the wellbeing and soundness of the banking and Financial System of the nation. After the progression of the Indian Economy and Banking changes in 1990s, the abundance of the supervisory functions of RBI moved toward becoming has developed massively. To stay aware of the additional significance of this capacity, the Board of Financial Supervision was comprised in 1994. From that point forward, BFS is filling in as the principle managing power behind RBI's regulatory and supervisory activities. The Banking Regulation Act, 1949 came into force on March 16, 1949. It contained various aspects related to banking in India. [1] https://www.uio.no/studier/emner/sv/oekonomi/ECON4335/h16/uio_lecture_regulation.pdf

This paper is dealing with the issue of tracing the history of police reform in relation to the custodial violence or other police excess in India. The police reform process is going on since late 1960s till this date without any visible progress in sight, and with this paper it can be highlighted that it’s time to start taking actions on the issue of custodial violence. To understand and trace out the history and present status of police reforms, reference was made to several reports of law commission, National police commission and other committees. Based on these reports and supreme court guidelines, it was established that no steps was taken to reform the police which can minimize custodial violence and police atrocities, so it is time to take steps to implement police reforms in accordance with the reports and recommendation of several committees.

As civilization progressed, man started fighting against various diseases both internal and external. Along with earlier herbal or natural medicines, man searched for inventing more preventive and curative medicines. Development in science and technology has brought in more and more advancements in the field of medicine and treatment. The transplantation of human organs can be considered as one of the wonders of medical science. Initially organs were transferred from deceased persons, but gradually it became possible to donate organs from living beings. There started issues of organ trade, organ selling, commercialization of organs etc. The issues of medical professionals being engaged in these practices, the unethical practices of hospitals etc. started getting public attention. The Government of India enacted Transplantation of Human Organs Act 1994 for regulating organ transplantations in India. The Act was amended in 2011 and the rules came into force in 2014. Most of the state governments also issued orders regulating various aspects of organs transplantations in accordance with the legislations. The Constitution of India guarantees right to life under Art. 21 and the Supreme Court and various High Courts have held in many cases that Art 21 also includes righ to health. This article examines the various facets of organ transplantation in India, the reasons of organ trade, legislations for preventing organ selling etc.

The WTO has been playing a major role in international environmental law through its dispute resolution system, since the days of the GATT, 1994. At the Uruguay Round 1994, trade and environment were highly sensitive topics for the international trade regime. Thus, the WTO dispute settlement mechanism has subsequently become the most important international forum for settling disputes relating to trade and environment. Subsequently, the trade and environment controversy has generated several challenges to the competency of the WTO dispute settlement system, and continues to do so. As a result, there is a need to examine the current status of the WTO dispute settlement system in relation to whether it has jurisdiction to try trade-related environmental disputes or not. The following research paper delves into this issue and attempts to explore with regard to the matters concerning the ongoing disputes of trade and environment. It further touches upon the first Tuna-Dolphin case followed by the Shrimp-Turtle case that has drawn the attention of environmental activists to the working of the WTO dispute system from the environmental perspective that revealed a substantive bias and institutional discrepancy in favor of free trade in order to determine its suitability for dealing with environmental concerns and how far the WTO dispute settlement body is justifiable in interpreting the term “exhaustible natural resources” under Article XX (g) were challenged. This research paper further highlights the ongoing argument that while the WTO dispute settlement body has compulsory and exclusive jurisdiction in the field of WTO law, still its competence to apply other rules of international law is questioned. This also addresses the loopholes of the WTO dispute settlement mechanism for being inappropriately structured to address environmental disputes. This paper further emphasizes on the growing concerns as to the combination of a strong judicial system and reliance on panel and Appellate body decision which draws the attention of the environmentalists to think upon the justifiability of the WTO dispute settlement system and the safeguards that exist in the WTO along with the decisions that have already been made under the DSU so one-sided in their conclusions. The answers to these questions are very complex, thus require an examination of the general means with which the WTO interacts the environment. Hence, the real concern of the research paper is focused on the interaction between trade and environment and its current status, especially in relation to the operations of the dispute settlement system of the WTO.

For the development of a country the equal participation of male and female in every sphere is must keeping these views in their mind our constitution makers tried to uplift this weaker section of the society through several constitutional provisions. Moreover, many feminist laws were also framed time to time by our legislature. But unfortunately the crime against women in India is loom pant. Our government is not successful in giving proper security to this vulnerable group. As we know that the growth and development of the country depends upon the growth of their subjects as unless and until their subjects are personally developed in all sphere. It won’t be possible to uplift the country to the desired extent. It is always been said that man and women are two wheels of a cart and their equal speed is necessary for the smooth running of the cart.

Mergers and acquisitions are the important process in the banking industry to make financial gains enormously. Main aim of merger and acquisition in the banking sectors is to improve the economies of scale. A merger means combination of two companies into one company. During the merging process one company survives and the other company loses their corporate existence. On the other hand acquisition means takeover. Mergers and acquisitions are these days common choices for business survival and development. They imply the difference of enterprises to new conditions being one in every of them, the mixing of the enterprises concerned within the deal. That integration is achieved through strategic actions in structure processes and structures, in addition as through the management of the subjective conditions that support human performance. one in every of these conditions is that the individual and team identities. The identity plays a vital mediating role within the adaptation and integration as a result of the mutual acknowledgment of the self and therefore the different in any social interaction has the facility to influence the social interaction. Mergers and acquisition bank not only gets new brand name, new structures, product offerings but additionally give opportunities to cross sell the new accounts acquired. The process of mergers and acquisition is not new in the banking industry. This paper deals with the mergers and acquisitions, types of merger, legal framework, approval of Reserve Bank of India and historical perspectives of banks M& A, impact of mergers and acquisition in banking industry.

Environmental Law is one of the fastest growing aspects of law. It is commonly accepted that those who cause damage or harm should pay, in one way or another for such damage. Such damage can be to body, society or our environment. Due to absence of sanctions in environmental law, it became difficult to keep a check on harmful activities. This required the introduction of a penalty to punish people who caused harm to the environment. This gave rise to what we know today as “Polluter Pays Principle”. The principle means that the cost of pollution should be paid by the polluters and not by their governments. This principle is considered to be the most efficient environment policy and has been included in various regional and international agreements on pollution. The concept of polluter pays has been in existence even before the Organisation for Economic Co-operation and Development (OECD) adopted it as a recognised principle of environmental law. The research paper explores the applicability, advantages and disadvantages of the polluter pays principle while also looking at the incorporation of the principle in the Indian environmental domain.

Service is a difficult proposition to measure. This is particularly so when the service is delivered on request of the client. This service provided by the police is also one of these services. Maintaining the satisfaction in the eyes of public is difficult task for them. And they worsen it by not adhering to human rights of the individual. Human rights and the police co-exist for sacred objective of enabling the individual to lead a happy and qualitative living. In fact, police perform unending list of functions which revolves around protection of rights of the people. But the manner in which these functions are performed is the real matter of concern. The police in India, since its birth, have been known as unfriendly with human rights and this has not changed even today. The modern era consists of liberal democracy where rights of individuals have prominent stake. The police, therefore, are required to act in accordance with rule of law laid down in the constitution. Police forces have the authority to exercise force to enforce laws and maintain law and order in a state. However, this power may be misused in several ways. For example, in India, various kinds of complaints are made against the police including complaints of unwarranted arrests, unlawful searches, torture and custodial rapes .This paper is an attempt to explore the relationship between human rights and police and to put a light on the necessity of application of ethics policing to ensure meaningful enjoyment of human rights of India.

India being a country consisting of approximately 1.324 billion people and the 2nd most populous country in the world, it becomes all the more difficult for our judicial system to look after all the petty to grave matters concerning its people therefore the ADR Act, 1996 gives alternative measures in resolving conflicts. Our paper primarily deals with the specific branch of ADR i.e. Process of Mediation in dealing with divorce and other family matters as to when it is beneficial and when it potentially hinder could or block the process. It will also include its expanding scope even in corporate matters and how it has successfully resolved the disputes within family as India has largely family-owned businesses and in case of conflict we approach the ADR mechanism instead of Courts system. But there are again in some instances judicial int

This article tends to focus on the part that the adjudicating authority i.e. The National Company Law Tribunal (“ NCLT ”) plays while considering the resolution plans (“ Plan ”) that the resolution professional (“ RP ”) presents to the committee of creditors (“ CoC ”).

The procedure of mergers and acquisitions has increased significant significance in the present corporate world. This procedure is widely utilized for rebuilding the business associations. In India, the idea of mergers and acquisitions was started by the administration bodies. Some outstanding money related associations additionally took the fundamental activities to rebuild the corporate segment of India by embracing the mergers and acquisitions strategies. The Indian financial change since 1991 has opened up a ton of difficulties both in the local and global circles. The expanded challenge in the worldwide market has incited the Indian organizations to go for mergers and acquisitions as a critical key decision. The patterns of mergers and acquisitions in India have changed throughout the years. The prompt impacts of the mergers and acquisitions have likewise been differing over the different parts of the Indian economy. Till later past, the frequency of Indian business visionaries getting outside endeavors was not all that normal. The circumstance has experienced an ocean change over the most recent few years. Securing of remote organizations by the Indian organizations has been the most recent pattern in the Indian corporate part. The different elements that played their parts in encouraging the mergers and acquisitions in India are great government arrangements, lightness in economy, extra liquidity in the corporate segment, and dynamic demeanors of the Indian business visionaries are the key factors behind the changing patterns of mergers and acquisitions in India.

This case commentary will give a critical analysis of the landmark judgment Govt. of NCT of Delhi and Ors.Vs. Union of India. The case of Govt.of NCT Delhi and Ors.Vs. Union of India is a judgment where it was held that the Lt. Governor of Delhi is bound by the aid and advice of the elected government of Delhi and cannot interfere in every matter. The dispute between the Centre and Government of Delhi primarily revolved with the demarcation of powers. This paper will talk about the facts of the case, the arguments and reasoning from the parties which include the arguments from the appellant and the respondent, and the judgment. The facts of the case talk about how the dispute between the Govt. of Delhi and the Centre started and how it reached the Supreme Court. It is a trajectory of events. The issues deal with the primary issues on which the tussle revolved on. The arguments from the parties include the arguments from the appellant as well as the respondents. Both arguments include the constitutional provisions which are been violated, precedents which are being violated and the reasoning behind their arguments. The judgment includes the final decision by the constitutional bench and the rationale behind this decision.

Introduction: The Intellectual Property law in India has undergone an unfathomable change over the past decade. However, innovation, technological advances and the commercial gains which could be derived from such rights have led to the problem of increased litigations such as patent trolls. ‘Patent troll’ is a negative term used to describe an entity that enforces its patents against one or more alleged infringers in a manner that is considered unduly aggressive or opportunistic. Patent Trolls usually have no intention to manufacture or market the patented invention and their sole purpose is to make some quick money through cease and desist orders and Patents infringement litigations. Purpose: This is a crucial area of research as patent trolls take advantage of the prevalent loopholes in the patent law system in various ways such as drawing huge settlement compensation from companies that cannot afford the cost and resources of litigation; they deter innovative companies from investing in research and development through the threat of litigation; and they do not practice the patents they hold, thus contributing no innovation in the advancement of technology and immunizing themselves from countersuit. In addition, trolls exhibit anti-competitive behaviour. Methodology: The authors have used secondary sources to understand the prevalent patent law system and the best practices of various countries in order to draw a parallelism for the identification of solutions for the same. Value: This Paper provides a survey of the modern patent landscape, addressing certain areas of the patent system that patent trolls are able to use to their advantage. This Paper then advocates that various concerned agencies play a more integral role in curbing anti-competitive troll behaviour and proposes several methods of patent reform.

The paper aims to dissect whether Cricket is a discriminatory sport or not. It will look at what has led to Cricket becoming a Gentleman’s game and how did this systematic discrimination has occurred? And due to what reasons? The proposition of the paper is that it is the origination, politics, institutional practices accompanied with political agenda and stereotypes which has made Cricket a man’s world. There are various reasons which has contributed to women not being equal participants in Sports. It ranges from the perception of women being physiologically inferior to men, lack of strength, women being allocated places in private then in public an all these values reflect in the upbringing of kids. It leads to disparity between Men’s and Women’s game. Capitalism, Patriarchy and men in Politics have further contributed to this partiality. The paper is divided into four parts: Historical Aspect Social Aspect Economic Aspect Constitutional Aspect

It is the fundamental duty of mankind to protect the environment that nurtures us within the warm embrace of its biosphere. It is most unfortunate, that the human race has devoted its intelligent efforts in systematically devastating nature and depleting the natural resources that have, since time immemorial, caressed us with its natural ways. The Industrial age has mercilessly shattered the branches of the biosphere and the fragile arms of the flora and fauna. Mankind, realizing the state of urgency to protect the environment for its own selfish needs, has developed lofty ideals and a voluminous literature on rules, regulations and laws. Mankind boastfully proclaims to have unleashed a wave of environmental consciousness by virtue of constitutional provisions, penal safeguards and civil ideologies in the sphere of Indian jurisprudence. However, with the rapid explosion in the incidents of environmental crimes, it can be deduced that such preventive measures are emblematic of a pompous exercise rooted in futility. The environment can be protected only when it is personified and regarded as a being that has a compendium of rights of its own. Hence, an efficacious solution to check the alarming levels of environmental crimes is to confer upon the environment a legal personality so that its claims, rights and duties can be delineated. The Human Race, should in turn consider the environment as an animate being that can get injured by deforestation, that can sense pain by the discharge of noxious gases and fumes and that needs to be healed and nursed when industries trample it down.

Every individual has got the right to access on quality and affordable medical care. The individual right to access is coupled with a right to access of medical treatment and the right to refusal of such medical treatment. The paper aims to address the issues with regard to refusal of medical treatment by pregnant women. The right to refuse medical treatment is closely related to informed consent. A comparative study on the refusal of treatment as a right in different legal systems particularly among the developed countries has been made. Under the common law the right to refuse medical treatment is based on the concept of bodily autonomy. The right to refusal of treatment by pregnant women is exercised on the basis of religious, privacy reasons etc. The English Law has got clear picture on the right to refuse medical treatment, which was laid down in Cruzan v. Missouri Department of Health. The Indian position in this regard is still vague because of some existing principles regarding bodily autonomy and abortion laws. The state interest in the Maternal – Fetal conflict has been identified. The Courts have recognized the four counter availing measure for the , states interest that may be used to override a patient right to refuse treatment on the basis of prevention of suicide, preservation of life, protection of third parties, lastly the preservation of ethical integrity of medical profession. The Courts evolved the States interest in fetal life as a justification for compelled treatment.

Washington D.C. has become the third US state to declare death penalty as unconstitutional. Death sentences have been frowned upon and debated over on the basis of its constitutionality as it fails to create the deterrence for which it was legally established. Justice Fairhurst, the Chief Justice of Washington Supreme Court in the case of State of Washington v. Allen Eugene Gregory, has declared death sentences to be unconstitutional on grounds of it being imposed in an arbitrary and racially biased manner, reducing all death sentences on aggravated first degree murders to life imprisonment. The paper aims to comment upon the aforesaid case, canvassing the historical perspective on death sentences in US in general and Washington in particular, the facts pertaining to the case, the issues raised relating to the constitutionality of death sentences in Washington, the proportionality review and its severability and revisiting of Gregory’s guilt phase arguments. Subsequently, the judgement pronounces death penalty to be in contravention of Article 1, Section 14 of the State Constitution which deals with excessive bails, fines and cruelty in punishments, proportionality review has been declared to be a constitutional mandate and cannot be severed and the law of the case doctrine bars review on revisiting Gregory’s arguments. Further, the authors have analysed the judgement to opine that though the imposition was arbitrary and racially biased, but striking down death penalty will definitely reduce the deterring factor attached with penalties for grave offences like murder. Additionally, the evidentiary value and reliability of statistical reports had also made this case a turning point in life of judicial history, as the defendant has relied on Beckett & Evans analysis to substantiate his arguments. Finally, the paper juxtaposes the implications this judgement is likely to have after its pronouncement on the capital state of USA

In contemporary India, under section 375 of the IPC, a limitation still exists against criminalizing marital rape. The rate at which this heinous and barbaric crime is committed in India is extremely high and is compounded by the fact that it is not recognised as a crime. This paper explores how marital rape is a black thorn within our society and recognises the adverse effects caused by its impact. The archaic thought process behind not introducing legislation to criminalise marital rape permits our society and culture to remain stuck in its orthodox ways and hampers progress. It encourages patriarchal undertones in the Indian law and protects the men who met out cruelty to their wives. It also explores the various fundamental rights of women that are violated due to the heinous act of marital rape being inflicted on them such as the right to equal protection under the law, right to life and liberty, right to privacy of sex, right to discretion over body, etc.

Right to privacy is directly proportional to the protection of the dignity of the person. Article 21 of the Constitution of India protects the right to privacy as well as promotes the dignity of a person [1] . There are different approaches to privacy and the degree of privacy may vary from person to person. Daniel Solove argues that privacy can be classified into various categories which may often overlap and the categories are right to bodily privacy, right to be let alone, right to control over personal information, right to secrecy, right to access to self, etc. [2] Dignity is closely related to the concept of privacy and this personal right cannot be infringed upon. Information privacy is one of the classifications under the broad concept of privacy wherein the person has the right to control over personal information. The right to have a control upon personal information has various elements such as collection, storage and access to information with regard to the privacy practices. The user has the right to know how the personal information will be used when is acquired by other interested parties as well protect the data from unauthorized access. Information privacy is an inherent right of a person which upon the infringement affects the person’s dignity. [1] K.S. Puttaswamy and others v. Union of India, (2017)10 SCC 641. [2] Daniel J. Solove, Understanding Privacy , Harvard University Press, (2008).

This paper briefly penetrates into the concept of Gross Human Rights violation and speaks about what it is and why it is. It also deals with the concept of what amounts to violation and also about the reparation and rehabilitation to the victims of Gross Human Rights violation. The short note moves on through the difficulty in enforcing the prevention of Gross Human Rights violation and the reason to the flow. With all this together, the paper tends to leak out the hardships and struggle the victims undergo after being infringed of all basic rights provided. The paper gets summarised with the challenge in enforcement of prevention to the violation.

Brand is of great value in today’s era and is omnipresent. A trademark is a representation of a particular brand and is an important aspect of goods or services in which the proprietor deals with, because in due course of time the trade mark gives recognition to such goods or services Under this article, the focus would be on automotive industry. The Original Equipment Manufacturers (hereinafter OEMs) and the Dealers in an automotive industry generally share principal to principal relationship with that of the automobile company. In this regard, it is important to know the extent of liability of the parties involved. There had been a number of cases relating to infringement and passing-off by the OEMs and dealers, of trademarks registered in the name of automobile company. Also, in the wake of cases like Toyota v. Prius it is becomes far more important to understand the broader meaning of well-known trade mark and its territorial as well as universal nature. The learning objective of this article is to study the trade mark perspectives in automotive industry and get an insight on the concept of deceptively similar trade mark and well-known trade mark in India through relevant provisions of trade mark law and case analysis.

The Indian judiciary system is often looked down upon due to the various problems which come hand in hand with it, such as inefficiency in administration, long backlogs of cases, there has been an urgent need for finding of an alternative way to help track these problems as often suggested by Judges [1] , lawyers, scholars [2] . The use of mediation has been seen as an effective tool to resolve disputes in marriages for a long period. Divorce mediation has attracted the attention of the society at large has its features have helped to strengthen the justice system. The divorce mediation has not only helped to bring the parties to negotiate their terms but often seen as a way to negotiate their terms of relationship. The basic reason why mediation is prepared is because it helps to resolve problems and disputes effectively and efficiently with the parties actually being the rule makers. Mediation helps to make the parties a little rationale and responsible and cooperative towards compromises and acceptance. In the paper, mediation as an alternative to the judiciary system has been discussed, focusing on its principles, reasons to prefer mediation, and the roadway to success as well as suggestions for better implementation of the method in the long run. [1] K. Srinivas Rao v. D.A. Deepa , (2013) 5 SCC 226 [2] Hiram E. Chodosh, Mediating Mediation in India , available at: http://lawcommissionofindia.nic.in/adr_conf/chodosh4.pdf

This paper examines the Supreme Court judgment in Indian Young Lawyers Association v. The State of Kerala, which permitted the entry of women of all ages into the Sabarimala temple. It sets out the background of the Sri Ayyappa temple and the custom restricting entry, and analyses the reasoning of the Court on the competing claims of religious freedom and the right to equality.

The aim of this paper is to make an attempt to paint a picture about the current scenario of Marital Rape in India. Rape has been defined as forced sexual intercourse without the consent of the woman/man being raped. Punishment has also been prescribed in Indian law for Rape. But nowhere under Indian laws has the problem of Marital Rape and the consequences arising out of it been addressed. And yet more than half of the countries have criminalized Marital Rape and have strict laws governing Marital Rape. So why hasn’t India yet passed a legislation criminalizing Marital Rape? What are the statistics of this heinous act which violates the basic identity of a woman? What are the various arguments cited by those in favour of criminalizing Marital Rape and of those who are not in favour? Through this paper, I’ll make an attempt to provide a thorough view on the subject of Marital Rape in India and the laws that govern this aspect? This paper also focuses on comparing marital laws of other countries and what can be done so as to tackle this growing problem in India

The Specific Relief (Amendment), Act of 2018 has been passed by the Parliament with a sole purpose of tackling the inefficiencies and inabilities that had developed in the Specific Relief Act of 1963; Owing to the recent trends of transformation in the Indian economy and the business –finance sector, the Amendment Act has truly brought about a considerable change in the substratum and ethos of the principal Act. The research paper emphasizes on the various amended provisions of the principal act and how they are going to act as an antidote to the long ailment of contractual enforcement. It also intensively discusses and analyses the changes that the Amendment has brought in by providing Specific Performance as a rule rather than an exception and by doing away with the discretionary power of the courts in matters such as Contract enforcement. The additional measure to obtain relief in the form of Substituted Performance and the subsequent employment of experts is even commended by the researcher. Even the proposed plan of setting up certain special courts for infrastructure related disputes and crunching the court proceedings over a period of 24 months has been evaluated by the researcher. Along with this, the researcher interprets the Amendment Act and analyses its implications and expected impacts. The applicability of the Amendment Act has been brought to the forefront by presenting a comparison of the same with the Specific Relief Act of 1963. The research highlights the overall relevancy of the Amendment Act and argues that it is truly a “way forward” for the transforming conditions of the present era.

Terrorism is the act of unlawful violence done by a gathering of individuals to accomplish certain objectives or to create terror of themselves or a party amongst the people. Of the numerous things that astonish and shock us about terrorism and ISIS specifically, the inclusion of ladies in such a crime is one of the most poignant. Most of us have the sense that women are Gentler Sex, the Nurturers, and the Protectors with stereotypical thinking about women's capabilities and motivations. Whenever the topic of terrorism arises, the role of men is always discussed and the involvement of women terrorists is rarely chewed over.

John Rawls and Robert Nozick were both colleagues, however, despite their professional similarities, the theories that the two of them develop were contradictory to each other. Rawls had argued that a principle of justice that worked on two basic lexical principles of providing the basic liberties to all, and striving for achieving social equality, although not absolute equality, in a social contract setting, can accommodate the two principles together. However, Nozick put forth the argument that the coexistence of both of these abstract entities is not possible due to their incompatibility, and any attempt to achieve equality in society by means of distributive justice shall lead to the curtailment and limitations of the liberty of the people.

Transnational Organized Crimes not merely have a bearing to the security of states, but also to that of its economy, given the large retail value of these crimes. Illicit Drug Trafficking, Terrorism, Money Laundering, smuggling, arms trade are not crimes independent of other crimes. They have a nexus and influence on one another as each is a means to the other. The proliferation these crimes has also been facilitated due to geopolitics and geography of the states, as can be seen in the case of India which requires more strengthening of border management to prevent these elements in taking advantage of the situation to facilitate these Transnational Organized Crimes. Furthermore, these crimes are not specific to one state though a particular state may be the leading market for the crimes. This paper addresses various Transnational Organized Crimes as an outline to expiate the menace of these threats to India, in particular and beyond the confines of geopolitics and geography, in general, as seen in the case of FATF (Financial Action Task Force) regulations, terrorism, money laundering and drug trafficking. The paper also attempts to understand the nexus between these various Transnational Organized Crimes concisely. Furthermore, the paper seeks to underline the recommendations to combat and regulate this menace of Transnational Organized Crimes.

This paper is dealing on the issue of Fluid marks under the Trademarks Act. It is talking about how the change in technology and emerging businesses in digital market have created a new kind of mark which is fluid marks and how big companies are using such marks to attract consumers and expand their business. Before the marks used to be static and it is granted protection by legislations across the world but with the advent of technology and internet today there are marks which are not static, they keeps on changing colours and have a moving object and in some cases it is not consistent it keeps on changing. These are known as fluid marks like Google doodle which doesn’t have any protection. This paper will deal with issues concerning fluid marks and marks which are operated online with respect to trademark. The paper will focus on Indian laws as well as international laws and examine laws of various countries with respect to this issue. Thereafter the paper will examine as to why these issues need attention and why there is a need for protection of such marks. This paper will try to analyse the issue by looking at various examples and cases which deals with fluid marks. Finally this paper will try to analyse and suggest some measures to tackle such issues. The issue which is addressed in this paper is that whether fluid marks require any protection under Trademarks act?

Alternative Dispute Resolution means resolving the conflicts between the parties concerned outside the periphery of the courts. But the ADR is something which is not new to India. It has been prevalent in the country since beginning time. Legal history indicates that there were many ways through which people obtained justice which were easy, convincible and helped in reducing the burden of the king. This type of system was prevalent in resolving issues related to families and other domestic affairs and also minor issues relating to property. The oldest written source which provided the codes of law and the method to resolve the conflicts among the people. The Punch system in the ancient time, which can also be described as earlier form of ADR, helped in maintaining the stability by resolving the conflicts which can be resolved by negotiating with the involved parties. Alternative Dispute Resolution came to be used explicitly with the overloading burden on the courts as each judge in the court has been assigned to resolve many cases in a day. Thus, filing a case in the court is a time consuming task and it takes a lot of time in resolving a dispute. Now, with the coming of new techniques in ADR such as mediation, arbitration and conciliation, most of the disputes are settled outside the courts. With the coming of internet as a platform of political, financial and social activities, the ADR has also taken a step ahead in form of Online Dispute Resolution as Section 89 of Civil Procedure Code clearly mentions the terms of it. This concept is certainly evolving in India as in the case of Salem Advocate Bar vs. Union of India (2003) gave rules for proper functioning of ADR. The paper talks about the application of ADR in various fields and what are the challenges of the same in the country. Is it effective enough? How well the country has accepted it?

The outset of the essay starts with history behind the National Register of Citizens, the migration that started from the colonial rule of British rule, which extended to Bangladesh. The source of influx of migrants that started with the Bangladeshi war with Pakistan. How the influx caused de-culturation of Assamese culture that created a situation of havoc in Assam. The essay also discusses the inequality done with the state of Assam in the Illegal Migrants (Determination by Tribunal) Act, 1983 and other such acts. How the failure of the governmental plans implementation caused a situation of external aggression and internal disturbances thus violating the fundamental rights of the local people. The crux includes a hypothetical question, if the union government did or did not failed to comply with its duty to protect any state from external aggression and internal disturbances. The essay also questions that the updating of the National Register of Citizens is a solution to the people of Assam or a violation of human rights. Another question that the essay raises is that whether the citizenship act 1955 (section 6A) violates Article 14 of The Indian Constitution or not? Further the essay discusses about the consequences of the final list of national register of citizen. The essay tries to dig the past and put fourth in a detailed manner, how the government became indifferent to a national agenda that could destroy the ethnicity of a state and how political parties can turn such events for their own personal benefits.

Child Labour means the work which bereave the children of their childhood and dignity which encumber their access to education and procurement of skills which is effectuate under conditions which is pernicious to their health and their headway. It also speaks about the problem which is been faced by the children's physically and mentally. The present paper discusses about child labor, Legislative developments, and categories of child labor, constitutional provisions and initiatives against child labor.

The Article focuses on the changes brought to the Specific Relief Act, 1963 by the Specific Relief (Amendment) Act, 2018. This article covers all the changes brought to the Specific Relief Act. The changes will help in increasing the ease of doing business. The discretionary power of the court to grant specific performance is ended and the mandatory enforcement of specific performance has come into picture. In addition to this, a new concept of substituted performance has been introduced as a remedy to the wronged party. In conclusion this article analyzes all the changes brought to the Specific Relief Act, 1963.