Indian Journal for Research in Law and Management
Advancing Law and Management
ISSN No. : 2583-9896
ISSN No. : 2583-9896
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Abstract
India’s legal regime is witnessing a swift move towards Online Dispute Resolution (ODR), fuelled by the policy pronouncements of the NITI Aayog in 2021 amidst the serious problem of a judicial backlog of more than 50 million cases in the country. Nevertheless, with government bodies and businesses making ODR a mandatory precondition of relief, there […]
Abstract
Article 22 is incorporated in part 3 of Indian constitution, thereby because of this this Article is recoganized as a fundamental right of citizens. This article is closely related to individuals personal liberty. Here, Personal Liberty means civil and political rights[1] This article deals with protective right of Individuals from arrest and detention which impact […]
Abstract
The Bar Council of India has an important role to play in shaping and regulating the legal profession in the country. It was established under the Advocates Act, 1961. It is the apex body for maintaining professional standards, discipline, and quality in legal education. This article discusses the history, organization, and role of the Bar […]
Abstract
Fundamental rights are the heart of constitutional democracy and act as a check on arbitrary exercise of state power. Among them is Article 19 of the Constitution of India which occupies a special and unique position in guaranteeing a group of freedoms which are basic to the preservation of individual liberty and the effective working […]
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**Abstract** Maritime law has traditionally assessed liability through an outcome-oriented framework in which legal responsibility crystallises only after damage, collision, or casualty has occurred. The emergence of digital twin technology challenges this foundational assumption by enabling ships to predict structural failures, navigational hazards, and operational risks before they materialise. This article examines whether the availability […]
Abstract
The Insolvency and Bankruptcy Code, 2016 (IBC) is one of the most significant structural reforms in India’s post-liberalisation legal framework. Although commonly viewed as a mechanism for time-bound insolvency resolution, its significance extends beyond debt recovery. The Code marks a shift from a debtor-centric system to a creditor-driven governance model that promotes market discipline, institutional […]
Abstract
The Constitution Bench decision in *Gayatri Balasamy v. ISG Novasoft Technologies Ltd.* marks a significant development in Indian arbitration jurisprudence by recognising a limited judicial power to modify arbitral awards under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996. While the judgment seeks to reconcile arbitral finality with procedural efficiency, it simultaneously […]
Abstract
Corporate law has long rested upon a fundamental assumption that organizational power can ultimately be traced to identifiable individuals who may be subjected to legal accountability. Directors, officers, controlling shareholders, and shadow decision-makers have traditionally provided the legal system with discernible centres of authority through which fiduciary duties, liability, and corporate attribution operate. The emergence […]
Abstract
The Protection of Children from Sexual Offences (POCSO) Act, 2012, introduced a child-centric, gender-neutral, and comprehensive statutory framework to combat child sexual exploitation in India. While the Act expanded definitions of abuse, instituted strict liability, and mandated institutional accountability, its operational execution remains severely constrained by systemic inefficiencies. Utilizing a doctrinal and socio-legal methodology supported […]
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This case commentary critically evaluates the Supreme Court of India’s decision in Supriyo v. Union of India (2023), examining how the Court’s refusal to grant legal recognition to same-sex marriages represents a regressive departure from transformative constitutionalism. Grounded in a 3:2 split, the majority held that the “right to marry” is a statutory privilege rather […]