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
CITATION AND COURT DETAILS CASE: BHACHAN SINGH V. STATE OF PUNJAB CITATION: AIR 1980 SC 898; (1980) 2 SCC 684 YEAR: 1980 BENCH: JUSTICE P.N. BHAGWATI, JUSTICE V.R. KRISHNA IYER, JUSTICE A.N. RAY, JUSTICE D.A. DESAI, AND JUSTICE A.P. SEN SUBJECT MATTER: CONSTITUTIONALITY OF DEATH PENALTY UNDER INDIAN CONSTITUTION
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India’s capital punishment regime is constitutionally anchored in the ‘rarest of rare’ doctrine enunciated by the Supreme Court in Bachan Singh v. State of Punjab (1980). This paper advances a central thesis absent from the existing literature: the rarest of rare standard is not merely inconsistently applied, but is structurally incapable of principled application, because […]
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India recorded over one lakh cybercrime cases in 2024 for the first time, yet the precise point at which online conduct crosses from a civil wrong into a criminal offence remains widely misunderstood. This article examines that threshold through the dual framework of the Information Technology Act, 2000 and the Bharatiya Nyaya Sanhita, 2023. It […]
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A trademark constitutes the foundation of a brand identity, distinguishing one enterprise’s goods or services from those of its competitors. In India, trademark law has undergone substantial development, evolving from its colonial origins into a modern legal framework consonant with international obligations. This article examines the Indian law governing trademark registration under the Trade Marks […]
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This paper examines the role of the Pre-Packaged Insolvency Resolution Process (PPIRP) under Section 54A of the Insolvency and Bankruptcy Code, 2016 in addressing financial distress among fintech startups. It explores whether the framework can balance the need for quick resolution with transparency and stakeholder protection, while also highlighting the practical challenges fintech companies face […]
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This paper compares the plea bargaining framework under the Code of Criminal Procedure, 1973 and the Bharatiya Nagarik Suraksha Sanhita, 2023. It examines how the new law seeks to make the process faster and more reform-oriented while highlighting the practical challenges that may affect its effectiveness in reducing delays and improving access to justice.
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This article examines how Operation Sindoor shaped India’s immigration enforcement approach in the aftermath of the Pahalgam terror attack. It explores the balance between national security and humanitarian concerns, arguing that stronger legal safeguards and modern enforcement mechanisms can help India address security threats while remaining consistent with constitutional values.
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This paper examines the historical evolution of the practice of Sati in ancient and medieval India and analyses the social, religious and political factors that contributed to its development and continuation. It discusses the position of women in different historical periods, the role of patriarchal traditions and the impact of colonial intervention and social reform […]