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
The relationship between the right to privacy and freedom of expression has become increasingly complex in the digital age, where personal information can be collected, disseminated, and preserved on an unprecedented scale. Both rights are essential to individual dignity, autonomy, and democratic participation, yet their exercise may give rise to competing constitutional interests. This article […]
Abstract
The rapid expansion of digital communication has transformed the nature of defamation, enabling statements that damage reputation to reach extensive audiences within seconds and remain accessible for prolonged periods. In India, online defamation presents significant legal challenges concerning the protection of individual reputation, freedom of speech and expression, and the responsibilities of digital intermediaries. This […]
Abstract
The integration of emerging technologies into India’s legal system is transforming the administration of justice, legal practice, and access to legal services. From e-Courts and electronic filing to Artificial Intelligence (AI), automated legal research, and Online Dispute Resolution (ODR), LegalTech offers significant opportunities to enhance efficiency, accessibility, and transparency. However, its growing application also raises […]
Abstract
The rapid digitalisation of contemporary society has transformed the creation, ownership, distribution, and commercialisation of intellectual property. In India, the growing use of digital platforms, artificial intelligence, blockchain, and online marketplaces has created new opportunities for innovation while complicating the enforcement of intellectual property rights. This article examines how digitalisation affects different forms of intellectual […]
Abstract
This paper asks whether the National Disaster Management Authority can make disaster risk binding in environmental clearance for fragile zones such as the Himalayas and the coast. The Disaster Management Act, 2005 gives the NDMA a wide mandate, but it has no formal role in the clearance process under the Environment (Protection) Act, 1986. Courts […]
Abstract
This commentary analyses the Supreme Court’s 3:2 decision upholding Section 38 of the Banking Companies Act, 1949. The provision requires the High Court to order the winding up of a bank once the Reserve Bank applies for it. The majority held that banks are a distinct class because they hold public deposits, so Articles 14 […]
Abstract
This paper tests whether the date-of-joining cut-off between the Old Pension Scheme and the National Pension System survives Article 14 scrutiny, with special reference to Tamil Nadu. Courts have so far fixed individual anomalies without questioning the classification itself. The paper argues that tying lifelong retirement security to an appointment date fails the rational nexus […]
Abstract
This article compares India’s National Green Tribunal with the International Court of Justice in applying environmental law. It shows where the NGT mirrors the ICJ on the precautionary principle, polluter pays and sustainable development. It also shows where it departs, through broad standing, suo motu powers, strict liability and continuing supervision of cases. It then […]
Abstract
The Securities Contracts (Regulation) Act, 1956 (SCRA) constitutes a foundational component of India’s securities market regulatory framework, governing stock exchanges, securities transactions, derivatives, and listing-related matters. Despite successive legislative amendments, the Act continues to present interpretive and regulatory challenges arising from the evolving nature of financial instruments and its interaction with the Securities and Exchange […]
Abstract
Food safety is an essential component of public health, requiring an effective regulatory framework that balances consumer protection with procedural fairness and the rule of law. This article examines the legal dimensions of food safety regulation in India through a critical commentary on *Nestlé India Ltd. v. Food Safety and Standards Authority of India*, decided […]