International Journal of Integrated Law Review
type: channel
description: The International Journal of Integrated Law Review (IJILR) is an open access, online, quarterly, double-blind peer-reviewed international law journal published under ISSN 2582-7014. The journal is global in scope, covering public and private international law together with comparative and domestic legal questions of international significance, including human rights, gender equality, corporate law, ethics, governance and public policy.
publisher: PEARL MEDIA PUBLICATIONS PVT LTD
language: en
publication name: International Journal of Integrated Law Review
issn: 2582-7014
items: Constitutional Challenges in the Age of Covid-19 Pandemic: An Exploratory Research on the Socio-Legal Implications
items: Custodial Violence in India: An Analytical Study
items: Insolvency and Bankruptcy Code Conflict with Special Statues
items: Management of Solid Waste in India
items: Jagannathan Pillai vs Kunjithapadam Pillai & Ors, 1987 AIR 1493
items: Social Media as a Platform for Instigating and Waging War
items: Separation of Powers in India and USA: Analyzing its Role on Ensuring Good Governance
items: An Analysis of Laws Relating to Obscenity: Problems & Prospects
items: Insider Trading and India
items: A Charge of Murder to Election Commission: A Recent Study in the Light of Corporate Crime in the Field of Governmental Institution
items: Juvenile Justice and its Application: India and Abroad
items: White Collar Crime in Covid World
items: An Analysis on Patentability of Biotechnological Invention in India
items: Case Analysis of Mrs. Valasamma Paul vs. Cochin University & Ors.
items: Celebrities having Criminal Records
items: Reneging on Elderly Gifted Property: An Analysis of the TPA and the Senior Citizens Act
items: Co-Existence of Intellectual Property Rights and Artificial Intelligence
items: Separation of Power
items: Preventive Actions of the Police
items: Aftermath of Baring Bank: Responses of the International and Indian Banking Sectors
items: Division of Labour: A Contemporary Perspective
items: An Analysis of Anti-Conversion Laws in India
items: Promissory Estoppel and the Control of Executive Powers
items: Preventive Detention Laws in India – The Emergent Need to be Seen in the Light of Article 22 of the Constitution of India
items: Case Analysis: Samira Kohli vs. Prabha Manchanda
items: Patentability of Biotechnology in India
items: New Age Constitutional Challenges and Judicial Activism
items: An Introspective Analysis on the Doctrine of Lis Pendens
items: Laws Related to Gambling in India
items: Gender Neutral Rape Laws

Constitutional Challenges in the Age of Covid-19 Pandemic: An Exploratory Research on the Socio-Legal Implications
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description: The COVID-19 pandemic has profoundly impacted the functioning of governments, legal frameworks and societal structures worldwide. Governments globally imposed emergency provisions for lockdowns, restricted movement and implemented health mandates, all of which tested the limits of constitutional safeguards. While these measures aimed to mitigate the public health crisis, they also raised significant questions about civil liberties, such as freedom of movement, privacy and the right to protest. This exploratory research examines the socio-legal implications of such state actions, focusing on how legal systems across different jurisdictions have responded to the unprecedented situation. The study evaluates the extent to which the governments were allowed to enforce such extensive powers and balancing the mechanisms available for judicial review and protection of rights. Case studies from countries with varying legal systems, including democratic and authoritarian regimes highlight the complex interplay between state authority and individual freedoms during crises in this paper. The research also delves into the long-term consequences of these measures on democratic governance, public trust in legal institutions and the role of the judiciary in times of crisis. An analysis through the international human rights standards, the paper seeks to provide a comprehensive understanding of the socio-legal challenges posed by the pandemic and the potential implications for future public health emergencies. The findings emphasize the need for a balanced approach that protects public health while preserving constitutional integrity and human rights. I. INTRODUCTION The COVID pandemic, which emerged in late 2019, quickly escalated into one of the most significant global health crises in modern history, affecting virtually every nation. The pandemic had a profound and multifaceted impact on public health, economies, political systems and legal frameworks worldwide. With over 200 mil…
subject: Research Articles
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creator: Monalisha Singh
rights: Copyright (c) 2023 International Journal of Integrated Law Review
date: 2023-03-31
publication date: 2023-03-31
starting page: 48
ending page: 59

Custodial Violence in India: An Analytical Study
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description: Brutality frequently makes the news, exposing officers to harsh public condemnation. Regrettably, complaints of police horrific violence have been received from all throughout the country The police forces in our country give the idea that are teeming with bloodthirsty maniacs who revel in the sight of shattered skulls as well as disabled eyes This impression is untrue. The vast majority of people Police officers and guys have a specific level of dedication. The desire that allows them to cope with the stress and pressure of life their challenging task and furthermore, some people do engage in this behaviour torture and heinous acts. Spite of extensive strict regulations including thorough instructions in county police guides forbidding misuse of power, numerous police officers develop the impression that they may carry aside doing this and it will be impossible to prove such a claim. It also believes that his bosses and subordinates will rally around him and attempt to cover up his wrong doings as a result, incarcerated deaths generate greater energy that illumination. The National Police Commission (1977) looked into reports of police abuse and mass killings in nine states and discovered that the police were to blame. In Eleven of the Seventeen administrative probes, they were blamed, and in 37 of the & two other agencies investigated 23 from out 432 administrative inquiries. According to the National Police Commission, in all incidents of There should not be two necessary legal court inquiries for deaths in custody. An attempt has been made in this research paper to look at the topic from several perspectives. I. INTRODUCTION Custodial assault relates any acts of violence committed while in the custody of the police or even the courts. Rape and torture are some further forms of incarceration violence, in addition to deaths. Custody assault isn't really a new occurrence. Sections 330, 331, and 348 of the Indian Penal Code; Sections 25 and 26 of the Indian Evidence…
subject: Research Articles
  topic: section
creator: Amrita Ajmera
rights: Copyright (c) 2023 International Journal of Integrated Law Review
date: 2023-03-31
publication date: 2023-03-31
starting page: 1
ending page: 8

Insolvency and Bankruptcy Code Conflict with Special Statues
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description: The Government of India with its ambition to make doing business in India easier, enacted the Insolvency and Bankruptcy Code, 2016, an Umbrella legislation to deal with the bankruptcy and Insolvency of Companies, Individuals and Partnership. However, since the code tries to seize the laws regarding to insolvency and bankruptcy and the Supreme Court verdict that it's a complete code in itself creates an apparent conflict between IBC and SARFESI and Limitation Act. The author in this paper will deal with the various conflicts between IBC and Limitation Act and SARFESI, the inclination of judiciary while interpreting such conflict in past, challenges while interpreting two special statutes and will summarize the findings by giving a conclusion. I. INTRODUCTION After Independence, the Indian economy emerged as an agrarian economy and its initial Five- year plans were mainly focused upon the development of agriculture. However, in the year 1991, the country decided to liberalized its economy and opens the doors of economy for international organization.3 According to C. Rangarajan, the then Governor of Reserve Bank of India, "The new economic Policy comprises various policy measures and changes introduced since 1991. There is a common thread running through all these measures. The objective is simple and that is to improve the efficiency of the mechanism involving multitudes of controls, fragmented capacity and reduced competition even in the private sector".4 In order to facilitate the investment and make doing business easier, the Govt. brought in the recovery of debts due to banks and Financial Institution Act, 1993 (hereinafter referred as RDBFI) in order to establish tribunals for recovery of debt. Later in the year 2002, the Govt. enacted the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred as SARFESI),5 to provide a remedy to 1 Author is an Advocate at Delhi High Court, India. 2 Author is an…
subject: Research Articles
  topic: section
creator: Gaurav Mitra
creator: Akshay Sharma
rights: Copyright (c) 2023 International Journal of Integrated Law Review
date: 2023-03-31
publication date: 2023-03-31
starting page: 38
ending page: 47

Management of Solid Waste in India
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description: Existing technologies for the collection, transport, and disposal of trash that is solid are utterly disorganised throughout India. Urban local bodies (ULBs) are unable to efficiently manage the huge amounts of solid waste produced by fast expanding populations, which makes the issue more serious there. The ecosystem and general public health are at danger from improper solid waste management. In this essay, the condition of solid waste management in the nation of India is examined, and suggestions are made to address the various problems. I. INTRODUCTION In urban India, solid waste management (SWM) has become one of the biggest development issues. Many studies show that improper waste disposal produces hazardous gases and leachates as a result of microbial decomposition, environmental factors, refuse characteristics, or land-filling practises. Urban local bodies (ULBs) are in charge of maintaining cities and towns clean in accordance with the 12th Schedule of the 74th Constitution Amendment Act of 1992. Unfortunately, the majority of ULBs suffer from a lack of suitable infrastructure as well as a number of institutional and strategic problems, including inadequate institutional capability, limited funding, or a lack of political will. Although while a large number of Indian ULBs do get government funding, practically all of them nevertheless face financial instability. All landfill sites in India have already been used, and the concerned ULBs lack the funds to purchase more land. Finding additional dump locations is also challenging since local politicians are reluctant to set aside land within their boundaries for garbage from other regions. Many laws have been established to control how garbage is disposed of. In order to address these concerns, the Ministries of Housing and Urban Affairs (MOHUA) and Environment, Forest & Climate Change (MOEFCC) together launched policies and initiatives. Unfortunately, because of stakeholder confusion, a lack of understanding, a…
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creator: Samriti
creator: Parmila
rights: Copyright (c) 2023 International Journal of Integrated Law Review
date: 2023-03-31
publication date: 2023-03-31
starting page: 9
ending page: 16

Jagannathan Pillai vs Kunjithapadam Pillai & Ors, 1987 AIR 1493
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description: The present matter pertains to a Hindu widow who obtained possession of a property in accordance with customary law subsequent to the death of her husband, but afterwards transferred the same ownership. The primary legal question pertains to the subsequent transfer of the property to her after the implementation of the Hindu Succession Act: does she acquire absolute possession as per Section 14(1)? This legislation confers absolute ownership rights for Hindu women, irrespective of the moment of purchase. The court's interpretation of the term "possessed" encompasses the acquisition of rights, with the objective of safeguarding the interests of widows. In the present scenario, the widow successfully asserted her right to regain ownership of the property from a third party. As a result, the court invalidated the original transaction and reinstated her full rights, therefore transforming her limited ownership into entire possession. This is consistent with previous rulings by the High Court, which have upheld the legislative purpose of granting authority to widows. The judgement of the court highlights the commitment to upholding legal principles and the original meaning of the legislature, while dismissing any comparisons to unrelated transactions. The statement underscores the Act's specific emphasis on safeguarding the well-being of women. I. INTRODUCTION There have been various instances in the past through which the rights of the women have been hindered or taken away women were not considered equal to the society and thus were not given equal rights to that of a men but in the modern times wh2ere faith in the equality has been restored and everyone irrespective of their creed, caste, religion is given equal rights. The Supreme Court of India and the legislature also seeks to provide equal rights to the women and thus in order to remove this injustice and also to do away with legal abnormalities the concept of limited estate has been abolished, now the estate whic…
subject: Research Articles
  topic: section
creator: Rajat Rana
rights: Copyright (c) 2023 International Journal of Integrated Law Review
date: 2023-03-31
publication date: 2023-03-31
starting page: 17
ending page: 22

Social Media as a Platform for Instigating and Waging War
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description: The essay examines the characteristic features of Social Media Platforms and their weaponization by the State as well as the Non-state Actors. The researchers in this paper will facilitate and argue with a host of examples with regards to India as well as pressing issues around the world. The central component of modern information technology, social media, satisfies the interactive component of human communication. Social media platforms like Facebook, YouTube, and Twitter are designed in a way that prevents us from ignoring its use or leading separate lives that are unaffected by them. Additionally, social media is becoming a major influence on how individuals live their religious, social, and cultural lives. Moreover, Social media's effects and ramifications, difficulties and dangers, are now unavoidable topics in academic discourse. Due to its multi- religious, multi-social, and multi-cultural background, India offers a viable opportunity to research the effects of religious tolerance on social media. Social media is now being used to spread various religious customs and ideologies, leading to increased religious intolerance and communal riots. The rise of religious fundamentalism has caused conflict among various religious institutions and communities. As a result, the difficulties of religious tolerance in social media have been identified, as have the nature and scope of social media sites and networks. Furthermore, the new media of communication has laid the foundation for social media tools, which can be interpreted as a continuation and strengthening of participatory communication, according to studies of social media analysis. The goal of this participatory approach is to raise awareness, consciousness, and mobilize people for collective action. I. INTRODUCTION Social Media has come to play a vital role in our everyday lives as well as in times of disasters, conflicts and crises. On the other hand, the use of social media for recruitment of terrorist and …
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creator: Sanjana Suri
creator: Mrunal Randive
rights: Copyright (c) 2023 International Journal of Integrated Law Review
date: 2023-03-31
publication date: 2023-03-31
starting page: 23
ending page: 37

Separation of Powers in India and USA: Analyzing its Role on Ensuring Good Governance
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description: This research paper analyses the effectiveness of the tripartite system of government i.e., Legislature, executive, and judiciary. For the smooth running of government there has to be separation of powers and function amongst the organs of government. Basically, it means to separate the powers and functions of one organ of government with that of another. Aristotle was the first person to categorize the governmental functions into deliberative, magisterial and judicial locks. But it was the French jurist Montesquieu who conceived this separation of powers in his famous book `Spirit of laws'. According to him one organ should not abdicate the power of another organ. He further says that one cannot expect liberty and freedom when both legislative and executive powers are exercised by the same person. However, this theory had different implications in different countries. In the USA, `Separation of powers' and `Checks and balances' were adopted to ensure rights, liberty and equality and prevent the abuse of power in governmental machinery. Both separation of powers and checks and balances has to be applied in every country in order to secure constitutional, political and democratic development. In countries like India where we follow parliamentary form the application of separation of powers becomes difficult because the fusion between legislative and executive is very important for the harmonious working of parliamentary democracy. Hence, separation of powers is just relative and not absolute. However, In order to achieve good governance and rule of law, fair constitutional building is the symbol of quality, law and liberty. The researcher tries to find out the ideologies behind separating the powers and functions of government. The researcher also tries to throw light upon how it is separation of parties and not powers. Ideologies. 1 Author is a student at CMR School of Legal Studies, Bangalore, India. 2021. International Journal of Integrated Law Review
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creator: Anushree Hanchinal
rights: Copyright (c) 2021 International Journal of Integrated Law Review
date: 2021-06-30
publication date: 2021-06-30
starting page: 110
ending page: 119

An Analysis of Laws Relating to Obscenity: Problems & Prospects
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description: I. INTRODUCTION "The relation between reality and relativity must haunt the court's evaluation of obscenity, expressed in society's pervasive humanity, not law's penal prescriptions." - Krishna Iyer2 Law has been an integral part of human civilization. It cannot be differentiated entirely from ethics and religion. Great philosophers like Henning and Bentham had also denied the necessity of making a difference between law and morals. Primitive societies and communities were small, and everyone lived together as it was challenging to exist individually. Various customary laws evolved. However, there was a thin line of difference between ethics and religion. The growth of multiple nations, states, and evolvement in the idea of the welfare state and worldwide activities has made considerable changes in the meaning of 'obscenity.' Concept of Obscenity The idea of obscenity is shaped by the masses' social perception of who is expected to confront obscene materials. obscenity is dynamic; the definition of the term changes from time to time. Every nation has a different meaning for the word " obscenity, " as its purpose depends on society's morality standards. obscenity can be defined as a statement or act which offends the moral standards of the community. It can be in the form of a video, picture, article, figure, or write-up against acceptable3 social, ethical standards. The word is derived from the word 'obscaena,' which in Latin means offstage. The meaning is such because potentially offensive content, such as sex, was depicted offstage in the Latin drama. The meaning of the word obscenity varies from nation to nation, even between communities having the same culture or individuals between the same community. It is a very abstract term as its components change with evolutions of culture4. Tests were laid down to understand the meaning of obscenity and censorship imposed to control and suppress the 1 Author is a student at Kirit P. Mehta School of Law, NMIMS, Mumbai, In…
subject: Research Articles
  topic: section
creator: Huzaifa Malik
rights: Copyright (c) 2021 International Journal of Integrated Law Review
date: 2021-06-30
publication date: 2021-06-30
starting page: 75
ending page: 90

Insider Trading and India
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description: Insider Trading is essentially the trading of stocks and securities of a public company by an employee of such company or a member of such organization having access to private information about the company. Such private information could prove to be so vital potentially because it has an impact on the investment decisions of the company. Insider Trading is an act of reaping increased profits because of access to a certain piece of information that is not in the public domain and therefore not known to other investors by virtue of work affiliation of such person trading company's securities in the stock market.Insider trading creates an unlevel playing field where those key executives having access to strategic information about the company and acting on such information would win the battle of the stock exchange at the expense of the general public and other investors. Commonly discouraged throughout the world, the practice of Insider Trading is prohibited by SEBI (Security Exchange Board of India) to promote the benefit of the general investor, creation of a level playing field, and promoting fair trading practices in the stock exchange market. I. INTRODUCTION The term `insider trading' denotes buying or purchasing of shares of a specific company based on some confidential information that has not been made to the general public yet. Unpublished price-sensitive information is the title given to such information. Such activities are a breach of the fiduciary duty that an officer of any company has towards its investors. Insider trading occurs when some information that is not meant to be given to the general public is used by someone to earn profit or loss via buying or selling the shakes/stocks of the company. This practice of Insider Trading has been happening for a long time now. Their perpetrators have evolved with time and so have the laws prohibiting insider trading have. But in the modern time when the whole world is investing in shares and stocks, the risk …
subject: Research Articles
  topic: section
creator: Shivani Solanki
rights: Copyright (c) 2021 International Journal of Integrated Law Review
date: 2021-06-30
publication date: 2021-06-30
starting page: 69
ending page: 74

A Charge of Murder to Election Commission: A Recent Study in the Light of Corporate Crime in the Field of Governmental Institution
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description: As, India is a Developing Country, the role played by the judiciary is immense towards the development of the country legal prospective. Same happen when the bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ram Moorthy of Madras High Court made the observation while hearing the Suo moto case concerning COVID-19 related issues in Tamil Nadu and Puducherry. The Hon'ble High Court Said that "Two aspects cannot be missed. First, is the Union's endeavour to indicate that surge in (COVID-19) numbers may be unexpected and prefatory measures have been taken for quite some time. Second aspect is the Election commission's concern about sensationalism. The Post- Mortem on either count may have to wait particularly in light of immediate measures that may be put in place,". The Madras High Court came down heavily on the Election Commission of India for allowing political rallies during the COVID-19 pandemic. A visibly upset Chief Justice Sanjib Banerjee told the Election Commission's counsel "Your institution is singularly responsible for the second wave of COVID-19". The Chief Justice went to the extent of orally saying "Your officers should be booked on murder charges probably". The Chief Justice observed that the Commission had failed to enforce COVID norms regarding wearing of facemasks, use of sanitizers and maintaining social distancing during election campaigning, despite court orders. Public health is of paramount importance and it is distressing that constitutional authorities have to be reminded in such regard. It is only when a citizen survives that he'll be able to enjoy the rights that a democratic republic guarantees", the Chief Justice further added. "The situation now is of survival and protection. Everything else comes next", the Chief Justice said. The bench, also comprising Justice Senthilkumar Ramamoorthy, directed the Election Commission of India and the Tamil Nadu Chief Electoral Officer to hold consultations with the Health Secretary and com…
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creator: Shubham Sonthalia
rights: Copyright (c) 2021 International Journal of Integrated Law Review
date: 2021-06-30
publication date: 2021-06-30
starting page: 49
ending page: 57

Juvenile Justice and its Application: India and Abroad
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description: Juvenile delinquency is an international problem which has made its way into most of the developing countries as well as few developed countries. India is no stranger to this problem as, India has more than 50% of its population under 25 years of age and unemployment and lack of education usually turns this youth to crime. This paper is made to explore the recent developments that the National and International governments have made to counter this phenomenon and its fairness. I. INTRODUCTION An Irony in the Indian Legal proceedings that has created a way for loop hole for the masters of law to use it as a legal weapon to save the culprits of crime of highest degree. A culprit of 17 years 365 days is considered to be major but the culprit of 17 years 364 days is a minor. Just a Difference of one day in age creates the difference in the judgment criteria. Thus, a mere day changes his fate. What it means that a young boy can go and commit a heinous crime such as rape and murder but will not be punished with the maximum punishment as the law prescribes for the major. An excuse that safeguards the culprit from punishment if not attained the age of 18. In the last few years there has been a high increase in the crimes by the children who are below the age of 16 years. The reason behind is lack of education, parental care economic condition etc. The most interesting fact is that the children of this age group are used as a tool for the commission of the crime. Since the children of this age has not attain the age of majority and their mind can be manipulated very easily. Not to mention that even the most heinous of crime awards a maximum punishment of 3 years. This is the primary reason why there has been a steady increase in the juvenile crime. According to the law someone who has not completed the age of 18 years are treated as child and he is not capable of understanding the difference between the right and wrong. They are not at the age of understanding the nature of …
subject: Research Articles
  topic: section
creator: Pankaj Kumar
rights: Copyright (c) 2021 International Journal of Integrated Law Review
date: 2021-06-30
publication date: 2021-06-30
starting page: 37
ending page: 48

White Collar Crime in Covid World
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description: The word "white-collar crime" implies to nonviolent crime that is motivated by and perpetrated by business and government officials. In 1939, sociologist Edwin Sutherland described it as "a crime committed in the course of one's employment by an individual of respectability and high social standing." Deception, concealment, or breach of confidence are the main elements of a white-collar crime and they do not include the use or act of aggression or abuse. These crimes are motivated by a desire to acquire or prevent losing money, assets, or resources, or to gain a private or corporate benefit. There aren't crimes with no victims. A single scam can bankrupt a business, wipe out a family's entire savings, or the stakeholders' crores of rupees. The COVID-19 epidemic has altered several parts of human existence, including the manner we live and work. As a result, there has been an upsurge in financial frauds. 2020 will be a year that only a few of us will remember. Fraudulent activities have climbed by 33% from April, per the statistics by Experian and the National Hunter Fraud Prevention Center. As per the reports action fraud, scams and cyberattacks have increased by 400 percent in the United Kingdom. As per a research released in November 2020 by Transparency International, India seems to have the greatest level of bribing in Asia, i.e., 39 percent of respondents polled saying how they paid bribes for utilizing government services. In the paper I will be discussing about the steps that can be taken to curb the white-collar crimes in this pandemic affected digital world, like, the state should enact rules which are stringent enough to prevent such offences from being committed. As well as the mechanism must be set up so that not only are there rules that penalise the convicted harshly. I. INTRODUCTION The word "white-collar crime" implies to nonviolent crime that is motivated by and perpetrated by business and government officials. In 1939, sociologist Edwin Sutherland …
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creator: Karnika Jain
rights: Copyright (c) 2021 International Journal of Integrated Law Review
date: 2021-06-30
publication date: 2021-06-30
starting page: 13
ending page: 21

An Analysis on Patentability of Biotechnological Invention in India
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description: Intellectual property is an intangible property which is created by the human mind. In this competitive world it is very important to protect intellectual property. So, a researcher's scientific endeavors can be rewarded with patents for protecting their intellectual property. Man uses the science and technology as an instrument of development. The progress in biotechnology has profound implications on the relationship between humans and the environment. Biotechnology is the science where biological systems and living organisms are used to create new products or processes. Biotechnology will substantially shape drug discovery, delivery, diagnostic methodology, clinical trials, and to a large extent the major lifestyle of human society once the availability of the human genomes traced. The biotechnological invention in the patent system includes biological, microbiological, genetics, medical and agricultural inventions. Inventions relating to biological processes are not limited to developments in genetic engineering but also include compounds derived from microorganisms, plants, insects, and animals. Article 27 of the Trade Related Aspects of Intellectual Property (TRIPs) agreement covers the patenting of living organisms and living processes. TRIPs is an international agreement administered by the World Trade Organization that determines minimum standards of Intellectual Property regulations applicable to member countries of world trade organization. In India, patentability of the invention is covered by Indian Patent Act 1970. At the beginning it had nothing specific addressing the biotechnology inventions and protection but later by witnessing massive increase in the biotechnology invention and application for the Patent, the demand to amend and introduce patentability of biotechnology gained voice in India which resulted in alteration of section 3(j) of the Patent Act. The researcher in this paper mainly focusing upon the criteria for patenting, subject matter o…
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creator: Jahnavi Deshpande
rights: Copyright (c) 2021 International Journal of Integrated Law Review
date: 2021-06-30
publication date: 2021-06-30
starting page: 100
ending page: 109

Case Analysis of Mrs. Valasamma Paul vs. Cochin University & Ors.
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description: CITATION AIR 1996 SC 1101, (1996), 3 SCC 545 BENCH: K Ramaswamy (J), B Hansaria (J) COURT OF LAW: Supreme Court I. BACKGROUND There were two vacant posts for Lecturers in Cochin University which were notified for recruitment. One post was reserved for Latin Catholics(backward class). The appellant, a Syrian Catholic, having married a Latin Catholic, applied for selection as a reserved candidate. The University selected her accordingly. Her appointment was challenged by another candidate via a Writ Petition, praying to appoint the petitioner in appellant's place to the said post. The writ petition was approved and it was held that the appointment should be made strictly in accordance with Rules 14 to 17 of the Kerala State Subordinate Service Rules. This decision was challenged by the appellant in front of a Decision Bench and the appellant cited the judgment of Dr. Kaniamma Alex v. PSC which had been upheld in PSC v. Dr. Kanjama Alex. The Division Bench was unsure of Dr. Kanjamma Alex case's decision and referred the matter to Full Bench of Kerala High Court who opined that Article 15(4) and 16(4)2 were meant for advancement of socially and educationally backward classes. To include candidates as members of backward communities because of marriage would be a mockery of Constitution and would defeat the purpose for which the special provisions had been enacted. It held that the appellant being a Syrian Catholic by birth could not claim the status of backward caste by her marriage to a Latin Catholic and was not entitled to reservation u/Art 15(4) and 16(4)3. A Special Leave Petition u/Art 1364 was filed in SC against the decision of the Full Bench. II. ARGUMENTS By the Appellant: 1 Author is a student at Vivekananda Institute of Professional Studies, New Delhi, India. 2 The Constitution of India, 1950. 3 Ibid. 4 Ibid. 2021. International Journal of Integrated Law Review
subject: Research Articles
  topic: section
creator: Sanya Pahouja
rights: Copyright (c) 2021 International Journal of Integrated Law Review
date: 2021-06-30
publication date: 2021-06-30
starting page: 22
ending page: 27

Celebrities having Criminal Records
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description: "A celebrity is someone who is famous, especially in areas of entertainment such as films, music, writing, or sport. From Salman Khan's hit and run case to Sanjay Dutt's possession of illegal ammunitions case, it has always been seen that celebrities in India as well as in other countries get away with crime far more easily than an ordinary person." In general no one wants to commit crime in general but situation makes, being celebrity having media attention, lot of fan following celebrities will be utmost careful in there social life as anything mischievous will attract lot of public attention. But there are many celebrities in India who has accused and even convicted of various crimes. In this project lets look into criminal backround of celebrities in detail. I. INTRODUCTION "A celebrity is someone who is famous, especially in areas of entertainment such as films, music, writing, or sport."2 From Salman Khan's hit-and-run case to Sanjay Dutt's illegal ammunition possession case, it has always been clear that actors, both in India and abroad, get away with even more crime than the common man. In general no one wants to commit crime in general but situation makes, being celebrity having media attention, lot of fan following celebrities will be utmost careful in there social life as anything mischievous will attract lot of public attention. "Article 14 uses two expressions Equality before law which implies the absence of any special privileges in favour of individuals and the subject of all classes to the ordinary law and equal protection of the law which implies Equal Treatment in Equal Circumstances" But in practicality if a common man commits a crime and a celebrity commiting the same crime whether are they treated equally? Drugs, gambling, rash or negligence acts, threatening journalists, carrying illegal guns, driving without a licence you name it, and some star has actually done it and getting away with it after paying fines or fighting laws. And when they are…
subject: Research Articles
  topic: section
creator: Manoj Makkireddy
rights: Copyright (c) 2021 International Journal of Integrated Law Review
date: 2021-06-30
publication date: 2021-06-30
starting page: 28
ending page: 36

Reneging on Elderly Gifted Property: An Analysis of the TPA and the Senior Citizens Act
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description: This Article examines the concomitant provisions of the Transfer of Property Act, 1882 of Sections 126 and 31 along with the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 of Section 23(1). Noting the ability of a special legislation to prevail over a general one, the scope of the Senior Citizen Act's provision is assessed to see if it merely denominates specific conditions under which revocation is to take place laying harmoniously with the Transfer of Property Act's provisions or it surpasses the aforesaid completely. To provide such context, the Article analyzes a series of judgments of both legislations to first gauge the express condition rule that follows Sections 126 and 31 of the Transfer of Property Act deducing that when interpreted liberally, even an implied condition is sufficient for Section 23(1) of the Senior Citizens Act to apply which would otherwise be outside the prerogative of the Transfer of Property Act's provisions. Further, this Article assesses the deemed fiction of `undue influence' when the condition of maintenance of a senior citizen is unfulfilled in conjunction with the power of the applicant to void a gift deed at pleasure under Section 23(1) of the Senior Citizen Act. To this extent the Article finds that this part of the clause in the way it creates a new type of revocation of gift deeds at the option of the doner is unparalleled to that of Section 126 of the Transfer of Property Act that explicitly bars revocation at the will of the doner through the deemed fiction of `undue influence' et al. This creates a unique situation in the Senior Citizen Act's provision of differentiating itself in operating on a different plane altogether and yet maintaining non-repugnancy to the general legislation's provision of Section 126. Finally, the Article puts forth a recommendation first in the interest of a uniform liberal interpretation of the Senior Citizen Act's provisions horizontally throughout various High Courts, the Act …
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creator: Tahhira Somal
rights: Copyright (c) 2021 International Journal of Integrated Law Review
date: 2021-06-30
publication date: 2021-06-30
starting page: 58
ending page: 68

Co-Existence of Intellectual Property Rights and Artificial Intelligence
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description: The modern world has gained intense and widespread momentum in the development of the cyber sector. One such field is that of Artificial Intelligence. Artificial intelligence (AI) refers to the simulation of human intelligence in machines that are programmed to think like humans and mimic their actions. The term may also be applied to any machine that exhibits traits associated with a human mind such as learning and problem-solving. It has successfully incorporated complex technologies in our lives and has thereby helped mankind by making unimaginable inventions in a short period. It has not only indulged in the field of intense programming but has also worked wonders in the field of creative works like poetry and art. Therefore, the question arises whether or not Artificial Intelligence is capable of being protected under Intellectual Property Rights like any other creative as well as complex field of work is covered. The area of Intellectual Property will be challenged by the rising trends of Artificial Intelligence in times to come. The present system of creation will be replaced by Artificial Intelligence run machines. The Artificial Intelligence-based mechanism and machines are growing creative and are transforming the already existing Invention system. This transformation calls for a re-examination of the existing and all related supported legal doctrines. This article discusses the current position of AI and proposes its use for IP administration. It also highlights the different problems attached to such application like ownership, infringement, third parties etc. Further, the article enumerates the vision of the author with respect to the future of IP administration using IP mentioning some real-time cases as examples. I. SHOULD ARTIFICIAL INTELLIGENCE BE ALLOWED TO OWN INTELLECTUAL PROPERTY? In days to come it is quite evident that Artificial Intelligence will be the major source of new and innovative ideas and creations, which unfortunately will create an…
subject: Research Articles
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creator: Debayan Samanta
rights: Copyright (c) 2021 International Journal of Integrated Law Review
date: 2021-06-30
publication date: 2021-06-30
starting page: 91
ending page: 99

Separation of Power
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description: The doctrine of separation of power is a constitutional doctrine that separates the government into autonomous institutions to perform distinct functions. The distinction of government into the legislature, executive, and judiciary separates their powers and functions, thereby avoiding conflicts and arbitrariness. The legislative branch's role is to make laws, the executive wing enforces those laws, and the judiciary aims at the interpretation of those laws. The prime cause for the separation of power between independent branches is to prevent the over-accumulation of power in an individual or a group of individuals. The Indian Constitution does not expressly mention this doctrine, but it is enshrined in several provisions and articles that separate the power among the three branches. We can take the reference of many case laws to see the effect of this doctrine in India. In this paper, we will discuss the separation of power as a doctrine and its quintessence in the separation of different government functions. It also highlights the overlapping of operations of these three branches. What might happen if there is no separation of power? In the absence of such a doctrine, many problems might arise, like the aggression of power in one branch or the hands of one person, no balance among the three organs, and no liberty. Therefore, the aim is to delimitate power, eliminate arbitrariness, tyranny and introduce precision in the function of each branch. I. INTRODUCTION The concentration of power in few hands may lead to a lack of faith, unaccountability, and the accumulation of forces of different organs, thereby affecting the Nation's overall development. The term 'separation of power' was coined by Charles de Montesquieu. Under this doctrine, the State is typically divided into the Legislature, executive, and Judiciary, combinedly known as "trias politica," each having independent powers, functions, and responsibilities. The motive behind adopting separation of power is…
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creator: Parth Chaudhary
creator: Ritika Chaudhary
rights: Copyright (c) 2021 International Journal of Integrated Law Review
date: 2021-06-30
publication date: 2021-06-30
starting page: 1
ending page: 12

Preventive Actions of the Police
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description: Criminal law is as a lot of worried about the counteraction of offenses, all things considered with the preliminary and discipline of the miscreant. Accordingly, Chapter XI of the Act contains certain arrangements with respect to preventive move to be made by the Police in specific conditions. S. 149 engages each Police Officer to mediate to forestall the commission of any cognizable offense as well as could be expected. It might be noticed that this segment accommodates avoidance of cognizable offenses as it were. More extensive forces for the avoidance of offenses as a rule are to be found in S. 23 of the Police Act, 1861. Besides, under S. 150, all of Police Officer getting any kind of information of any structure to submit any cognizable offense must impart such data to his senior Police Officer. So likewise, any Police Officer, knowing about a knowledge to submit any cognizable offense, may capture, with no prior order from the concerned Magistrate and that too without a warrant, the individual going to commit the offense, in the event that it appears to such Officer that he can't in any case should otherwise try to prevent the happening of the offense. The paper will be majorly focusing on the preventive actions of the police in the light of law and justice. I. INTRODUCTION Nevertheless, such an individual can't be kept in detention for more than twenty-four hours from the hour of such arrest, except if his further confinement is required or approved under the Code or under some other law. (S. 151). "It has been contended that if any person is arrested under this section, and is thereafter detained under any other preventive measure, example, the Defense of India Rules, the order of that detention would be considered illegal. (Prem Lai Sharma, --1966 13 L.J.R. 395)." The authority of a Police Officer under S. 151 is just restricted and special when it comes to stopping the commission of a cognizable offense; the force is, in no sense, comparable to the power o…
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creator: Manish Sharma
rights: Copyright (c) 2021 International Journal of Integrated Law Review
date: 2021-03-31
publication date: 2021-03-31
starting page: 126
ending page: 135

Aftermath of Baring Bank: Responses of the International and Indian Banking Sectors
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description: The Baring Bank or famously called the `Queen's Bank' was the most prominent and distinguished investment bank in United Kingdom with over 230 years lifespan. The bank collapsed in February 1995 due to uncontrolled one-man power and infallibility of Mr. Nick Leeson, who had managed to conceal his fraudulent concealment of the significant losses. Mr. Leeson had engaged in unhedged, illicit and unauthorized derivatives trading operations between the Singaporean Stock Exchange and Osaka Future Exchange which caused colossal losses of over $ 950 million dollars within one of its subsidiary companies, Barings Future Singapore (BFS). The failure of the Baring Bank demonstrated the need for greater regulation of the derivatives, raised alarms for the faulty internal risk-management controls and trading operations within the banks and corporations in general. The paper will discuss howthe Baring bank crumbled and factors responsible, the implications of the collapse and the response of the international banking fraternity i.e. the `Basel Committee on Banking Supervision (BCBS)'. The paper will also elucidate the present prudential regulatory and supervisory framework formulated by the Indian regulators to deal with any mishap similar to that of the Baring bank, which may occur in the Indian banking sector. The research methodology will be doctrinal and analytical in nature as the data will be collected through secondary sources like articles, journals and other internet sources in this respect. banking sector I. INTRODUCTION The banks are the backbone of the economy which performs multi-disciplinary functions of accepting the deposits and advancing loans and catering the financial requirements of the corporate entities. The need for vigilant and resilient banking sector was emphasized and stressed upon by the Union Finance Ministry in the Economic Survey 2020 which was 1 Author is a student at School of Law, University of Petroleum and Energy Studies, Dehradun, India. 2021.…
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creator: Kavya Maheshwari
rights: Copyright (c) 2021 International Journal of Integrated Law Review
date: 2021-03-31
publication date: 2021-03-31
starting page: 110
ending page: 125

Division of Labour: A Contemporary Perspective
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description: This paper aims to critically analyse the prevalent division of labour in contemporary times within households between man and wife backed by a structured personal interview. It will explore the nuances of the same in occupations and how it leads to greater efficiency. In addition to that, the paper will scrutinize the ideas given by Emile Durkheim. It seeks to understand how the institution of `Division of Labour' leads to alienation of a worker from his creation, the society and his own existence in particular. I. HOW THE RIGOUR OF LABOUR BINDS ONE AND ALL A whole or entirety of an existence is derived from the parts of it. The beauty and value of the existence of a society is extracted from the diversities it encompasses from its components. The society is a myriad of numerous beliefs, ideologies and people from different walks of life and what they do. Only when every character performs their role well does the overall play namely the wellness of society stays intact. It is through such judiciousperformance and not transgression of one's roles do we set the wheel of labour into the right direction, one that is headed towards progress of the society and all its elements as a whole that determine it. Labour is the measure of mental, social, physical efforts that are put to manifest goods and services and in exchange of it they receive wages that can be used to buy the goods and services they do not directly bring into existence themselves. Labour is the culmination of human efforts in the form of intellect or manual. "Need" is a very strong emotion for humankind and is a driving force to perform labour. In itself labour is not pleasurable and hedonistic as an ordinary being might favour hence the consequence of that labour is the driving force to invest those efforts. Not all individuals can perform all tasks and on the basis of that such labour is divided to ensure that weaknesses are eliminated from the system and the best qualities are extracted of all and put …
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creator: Vibhuti Rao
rights: Copyright (c) 2021 International Journal of Integrated Law Review
date: 2021-03-31
publication date: 2021-03-31
starting page: 101
ending page: 109

An Analysis of Anti-Conversion Laws in India
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description: Anti-Conversion law is one of the most debated topics in India. India has a long history of anti-conversion laws which can be dated back to pre-independence era were some of the princely states enacted anti conversion laws to restrict the missionary activity.Fear of change I demography is one of the prominent fears for all the majority community all over the world, India is not an exception the majority Hindu community has a fear losing their majority status. The conversion is seen as a major mean to increase population. Anti-conversion laws are seen as a remedial measure to the problem of conversion. The constitution of India gives person not only to practice and profess once belief but also to propagate it in this context this law seems to be inappropriate. But the anti- conversion laws are not bought to stop the conversion but to stop the conversion by force or coercion. Thus, present paper tries to look India's anti conversion laws with reference to right to freedom of practice profess and propagate once religion persecution. I. INTRODUCTION India has a long history of repeated invasions of foreign invaders; India's indigenous population has seen the conversion by way of force which has given rise to fear in the minds of majority Hindu community in India. India's new right-wing nationalists consider the issue of conversion as a major agenda. Some of them also see it as a foreign conspiracy to destabilize India2. Hence, anti-conversion laws are seen as the solution to the `problem' of conversion. India has a long history of Anti conversion laws. Perhaps anti- conversion laws can even be found during the British era where Hindu princely states enforced these anti-conversion laws 1 Author is a student at Guru Ghasidas Central University, Bilaspur, India. 2.Manmohan Rai, Bjp Mp Yogi Adityanath Accuses Mother Teresa Of Religious Conversion,Economic Times, (Dec. 2, 2020), https://economictimes.indiatimes.com/news/politics-and-nation/bjp-mp-yogi-adityanath-accuses -mot…
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creator: Aniruddha Shrivastava
rights: Copyright (c) 2021 International Journal of Integrated Law Review
date: 2021-03-31
publication date: 2021-03-31
starting page: 93
ending page: 100

Promissory Estoppel and the Control of Executive Powers
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description: Avoiding injustice and promoting a fair system where each person is at par with the other is the essence of law. Promissory Estoppel is mainly used under the common law in a case where a breach of contract occurs either between parties or against the government. It is basically a case where if the government promises something to the citizens of the country and the promise turns out to be one of such a nature which is not against the law and ispermitted, as well as works in the favour of public welfare and interest, the government cannot refuse to fulfil such a promise made by it . The doctrine has its origins in the Principles of Equity which have been an original part of the English Legal System . The basic idea of proposing such a doctrine was to ensure the accountability of the government and the executory powers in cases where a promise is made to the citizens. A major argument which was brought up was the differentiation between private and public bodies under the "doctrine of promissory estoppel". It was asked by the authorities and powers to the courts to provide them an immunity to them which was declined under any executory functions. It also provided that such a check is important to keep the executory powers of the government in control in consonance with the concept of checks and balances on the government. The courts clearly denied on making any clear demarcation or exception between private bodies/individuals and public bodies. The government will be held equally liable to fulfil all promises made notwithstanding the fact that there is no consideration provided in such a promise and the promise as such has not been put up in any formal recorded manner which is as stated under Article 299. Promise, Checks and Balances. I. INTRODUCTION The control of executive powers under the doctrine of promissory estoppel is only possible in a situation where the government does not have any reasonable fact or reason to not be held 1 Author is a student at Symbiosis …
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creator: Palomita Sharma
rights: Copyright (c) 2021 International Journal of Integrated Law Review
date: 2021-03-31
publication date: 2021-03-31
starting page: 80
ending page: 92

Preventive Detention Laws in India – The Emergent Need to be Seen in the Light of Article 22 of the Constitution of India
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description: Preventive Detention intends to keep an individual so that to keep that individual from remarking on any conceivable wrongdoing or all in all preventive detainment is an activity taken by the organization on the grounds of the doubt that some off-base activities might be finished by the individual concerned which will be biased to the state. Preventive Detention is the most combative piece of the plan major rights in the Indian constitutions Article 22(3) gives that if the individual who has been captured or kept under preventive confinement laws then the assurance against capture and detainment gave under article 22 (1) and22 (2) will not be accessible to that individual. I. INTRODUCTION The Constitution of India has Fundamental Rights no longer just for normal citizens however also for prisoners and the accused who've been charged for some offence. Article 22 is one such Fundamental Right which safeguards the rights of individuals who have been arrested and detained for committing an offence. Fundamental Rights can be determined under Part III of the Constitution of India. Definition Sub clause (1) of Article 22 says that "No person who is arrested will be detained in custody without being informed, as quickly as can be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by way of, a prison practitioner of his preference." This manner that if a person has been arrested cannot be detained without understanding his grounds of arrest, he shall not be denied the right to seek advice from and be defended via a lawyer/prison practitioner of his/her preference. Sub Clause (2) of Article 22 says that "Every 1 Author is a student at Symbiosis Law School, Hyderabad, India. 2020. International Journal of Integrated Law Review
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creator: Nandini Tripathy
rights: Copyright (c) 2021 International Journal of Integrated Law Review
date: 2021-03-31
publication date: 2021-03-31
starting page: 70
ending page: 79

Case Analysis: Samira Kohli vs. Prabha Manchanda
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description: The interlinked essence of law and ethics is apparent in both the right and wrong actions of human beings. While they intersect, the capacity for ethical conduct to be followed differs. Accordingly, the binding agreement is a social consensus declaration on ethics. Informed consent is one of the issues surrounding the doctor-patient relationship in medicine and law. In Samira Kohli v. Prabha Manchanda Dr. & ANR 1 (2008) CPJ 56 (SC) verdict, the Supreme Court of India discussed numerous components of the acceptance of approval. These conditions have also been laid down for the acceptance of real or legal consent. As such, an organisation 's ability in India to simplify the consent process. Patient's right is the fundamental right or essential principle between clinical consideration and patient. informed consent under medicine establishes in different trails and assumes a basic part in medication as we are entering the period of patient as a purchaser and specialist as a cooperative procedure. I. CITATION Samira Kohli v Prabha Manchanda, Manu/Sc/0430/2008, 2008 Air Sc 855, Air 2008 Sc 138. II. FACTS Samira Kohli, a 44-year-old woman, met with Dr Manchanda on May 9 in the year 1995, whining about continuous menstrual bleeding. She was conceded and marked the assent for admission to emergency clinic, clinical treatment, and furthermore medical procedure. The assent form structure stated, "symptomatic and useful laparoscopy". Under broad sedation, she was presented to a laparoscopic assessment. While Samira was oblivious and going through assessment, Dr Lata Rangan, assistant doctor of Ms. Manchanda emerged from the activity theatre and took the patient's mom's assent for a hysterectomy cause Samira Kohli was unconscious. Dr Manchanda eliminated the uterus (hysterectomy), ovaries, and fallopian tubes (oophorectomy) of the patient in the wake of acquiring her mom's assent. Samira Kohli 1 Author is a student at Symbiosis Law School, Hyderabad, India. 2020. International J…
subject: Research Articles
  topic: section
creator: Sai Harshitha. K
rights: Copyright (c) 2021 International Journal of Integrated Law Review
date: 2021-03-31
publication date: 2021-03-31
starting page: 66
ending page: 69

Patentability of Biotechnology in India
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description: Biotechnology is a culmination of human intervention and natural processes. Though the evolution of patent law on biotechnology dates back to the seventh century, the global adoption of the patent system started in Venice as the first patent law was enacted in 1494, which regarded as the foundation for the world's patent system. The trend of filing biotechnological patents in India has a steady growth as in 2008-09 the total filing was 1884, 2009-10 the total biotech application is about 2700, however, the highest filing recorded so far is 2774 in 2007. India is one of the bio-diversity rich countries, it would be prudent to protect biotechnological inventions as that would help Indian biotechnology research to compete globally. India needs to reap the due benefits from its rich bio-resources with an enabling provision for patent protection in biotechnological innovations and inventions. This paper author will discuss the biotechnology patenting activity in India, patentability of biological material and patentability of microorganism. This paper also includes case analysis which will reflect about biotech patent jurisprudence in India. At last, it includes a comparative analysis of few international provisions with India provision to get a clear understanding in the topic. I. INTRODUCTION Biotechnology comprises any technology that uses living entities, in particular animals, plant or microorganism. According to the Organization for Economic Corporation and Development (OECD) biotechnology includes any technique that uses living organism (or it's part) to make or modify product, to improve plant or animal or to develop microorganism for specific use. 3 The biotechnological inventions can be classified broadly into following (a) invention relating to an organism or material such as living entities of natural or artificial origin (animal, plants and microorganism), biological material and natural occurring substance from livings, (b) inventions relating to the proces…
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creator: Prachie Singh
creator: Harsh Singh
rights: Copyright (c) 2021 International Journal of Integrated Law Review
date: 2021-03-31
publication date: 2021-03-31
starting page: 53
ending page: 65

New Age Constitutional Challenges and Judicial Activism
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description: "Judicial Activism isn't a result of well-known improvement of the judicial system. It is an essential aspect of the dynamics, derivatives and impartial findings of the courts. It is a selected judicial hobby about the problems. Judicial Activism does now not suggest governance with the aid of the judiciary. Judicial Activism has to also function within the limits of judicial technique. Within the ones limits it plays the function of stigmatizing, in addition to legitimizing, the actions of the other four bodies of the Government- more often legitimizing. The writer, in this paper, has dealt with the various theories of social contract alongside the opposite recent jurisprudential theories to substantiate her studies on judicial activism with the aid of the Courts in India. She has additionally handled the constitutional demanding situations faced via the courts while managing such instances." I. INTRODUCTION "Black's Law Dictionary defines judicial activism as a "philosophy of judicial selection- making whereby judges permit their private views about public policy, among other factors, to manual their decisions." Judicial activism method a lively position performed via the judiciary in selling justice. Judicial Activism to define widely is the belief of an energetic function on a part of the judiciary. Ronald Dworkin, for instance, rejects a "strict interpretation of the constitutional textual content because it limits constitutional rights "to the ones recognized by way of a constrained organization of human beings at a fixed date of history." Yet even in the early days of its use, the term turned into most usually taken into consideration as mild. As now-decide Louis Pollak determined in 1956, "It seems safe to say that maximum judges regard `judicial activism' as an alien `ism' to which their erroneous brethren every now and then fall prey." By the mid-1950s, the time period had taken on a usually terrible connotation, even supposing its specific meaning became …
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creator: Nandini Tripathy
rights: Copyright (c) 2021 International Journal of Integrated Law Review
date: 2021-03-31
publication date: 2021-03-31
starting page: 41
ending page: 52

An Introspective Analysis on the Doctrine of Lis Pendens
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description: Transferring or disposing of property is of the most important right the owner can possess. However, in certain circumstances, he may be restrained to alienate his property for a specific period time, like while a suit or proceeding regarding such property is pending. Such a circumstance is known as the Doctrine of Lis Pendens and is embodied under section 52 of the Transfer of Property Act, 18822. Section 52 of the Transfer of Property Act, 18823 allows the transfer of property under certain circumstances, like after the leave of the court has been obtained,4or where the suit itself was of collusive nature5etc. Certain circumstances are also not hit by the doctrine such as a suit for debt or damages where the claim is limited to money or suit for recovery of movables6etc. The Courts over the years have carved out certain circumstances where the doctrine is inapplicable such as in case of When the transferor alone is affected 7, or where the suit itself is of a collusive or friendly nature 8, or when a transfer is made by a person who is not a party to such suit 9etc. The Courts have also made it clear that certain suits involve question of rights in immovable property and thus the doctrine will apply, for example ina suit of partition10, in suit on mortgage11, in an easement suit12etc. This paper will examine the essentials for applicability of the doctrine of Lis Pendens as embodied in section 52 of the Transfer of Property Act, 188213 and shall also examine the judicial interpretation of certain key words of the section. Further, this paper would also explore the various situations in which the doctrine is applicable and the situations in which the doctrine is not applicable. 1 Author is a student at KIIT School of Law, Bhuvneshwar, India. 2Transfer of Property Act, 1882, No. 4, Acts of Parliament, 1882, 52 3Transfer of Property Act, 1882, No. 4, Acts of Parliament, 1882, 52 4DR. R.K. SINHA, TRANSFER OF PROPERTY ACT 203 (19th Ed., 2017). 5Gouri Dutta v. Jijibai, …
subject: Research Articles
  topic: section
creator: Amartya Saha
rights: Copyright (c) 2021 International Journal of Integrated Law Review
date: 2021-03-31
publication date: 2021-03-31
starting page: 31
ending page: 40

Laws Related to Gambling in India
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description: This paper on the Gambling laws in India aims towards the analysis of the laws through which gambling is governed in our country. It shows that how the people of our country is destroying their lives because of illegal gambling. The gambling has been known as the illegal and bad work in whole of the country except some states like Goa, Sikkim etc. But it is widely practiced all over the country illegally. It is mainly practiced in the field of sports. Thus, this paper analyzes the loopholes and reforms that are progressively needed for this practice and thus it also analyses the recent judicial trends about the same. I. INTRODUCTION Gambling is not a modern game. It has been practiced in our country from the ancient times. The traces can be found from the times of Mahabharata also. In the ancient times, it has been a source of joy but now in today's modern era it has become a source of earning money. The gambling has been widely practiced all over the country despite being illegal. Only in some states of our country it has made legal. It has its own advantages and disadvantages. But it has more negative effects. It increases the poverty as well as the crime rate. It also impacts the economy heavily. It forms a vague image in the minds of people that money can be created on the basis if luck only. Sometimes, it also acts as a medium to transfer money from poor to rich people. It also clearly affects the social as well the moral values of the society. One of the old law which governs these subjects is The Public Gambling Act, 1867.There has been a type of vagueness related to the gambling and betting laws in our country. Thus, the objective of this paper is to make an analysis of the laws related to gambling in our country, how these laws affects the society and what reforms are needed in such sector. II. LAWS RELATED TO GAMBLING AND BETTING The subject of gambling and betting in our country has been governed through various legislations in India. The first legislatio…
subject: Research Articles
  topic: section
creator: Utkarsh Sharma
rights: Copyright (c) 2021 International Journal of Integrated Law Review
date: 2021-03-31
publication date: 2021-03-31
starting page: 26
ending page: 30

Gender Neutral Rape Laws
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description: Rape is the fourth most leading crime in India and an important issue throughout the world. Generally, rape is considered as a crime done by men against women only but by the progress of time it has been seen those other genders such as males, transgender community and homosexuals are also equally affected by this crime. Actually, rape can happen to anyone regardless of their sexual, age, gender attitude. Though there are large number of such cases but most of them go unreported as people fear that reporting such cases will uplift a question on their potency. Rape done with persons other than females mostly go unreported thus people have a low knowledge about it but it is present need that people should know about such offences and proper law and order should be maintained to get rid of such a serious crime. First of all, we have to accept the fact that the victim and perpetrator of a rape can be of any gender and it can take place anywhere such as office, school, coaching, workplaces, prisons etc. Only after changing mindset that sexual offences can be done only against women, one can understand this issue and its seriousness. I. INTRODUCTION Gender neutrality is a concept that suggests the eradication of distinction between different sexes in the drafting and execution of laws. Its objective is to make every citizen entitle to equal rights, means equal protection of the law except distinguishing on sex. Rape is one of the disclosures of gender-based violence that is used in the patriarchal society. Women and girls are mostly represented as "victims", while men are always represented as perpetrator. This is hardly seen that a man is also affected by rape in India. Gender neutrality in Indian rape laws was first time discussed in Sudesh Jhaku v. K.C. Jhaku2 in this case the court said that sexually assaulted men should be given the same safeguard of the law as given to female victims. 1 Author is a student at The ICFAI University, Jaipur, India. 2 1998 Cr.L.J 2428 2…
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creator: Parul Gupta
rights: Copyright (c) 2021 International Journal of Integrated Law Review
date: 2021-03-31
publication date: 2021-03-31
starting page: 217
ending page: 221