Journal Title : National Journal for Legal Research and Innovative Ideas
Frequency : Quarterly
Volume : 4
Issue : 2
Period : January - March
1. A CASE ANALYSIS OF BHARAT ALUMINIUM CO. (“BALCO”) Vs KAISER ALUMUNIUM TECHNICAL SERVICES INC,(“KAISER”) :SHAPING THE FUTIRE OF INTERNATIONAL COMMERICAL ARBITRATION IN INDIA
By- Shubhang Gomasta,Research Scholar, Amity Law School, Amity University, Gwalior, Madhya Pradesh
•Abstract
The current paper examines the landmark case of Balco vs Kaiser which helped change the doctrine that was set in Bhatia International vs Bulk Trading S.A and Anr and also in Venture Global Engineering vs Satyam Computers Services Ltd and Anr. The doctrine related to the item is listed in Part 1 of the Arbitration and Conciliation Act 1996. These include setting the procedures, appeal, interim relief, and award. The Hon'ble Court mentioned that these provisions would apply to the outside arbitrations which are conducted outside India. The paper will examine the Hon'ble Supreme Court's decision of overruling the same in the landmark case of Balco vs Kaiser. The Application of Section 34 of the Arbitration Act would also be analyzed which mentioned the application of Section 34 was not maintainable against the foreign award. The Balco Judgement remains a landmark in shaping the development of Arbitration in India but remains far from perfect. The negatives of Balco include the prospective applicability of the Case. It remains clear that the losing party asset is situated in India and has no remedy or in other words it remains unclear about the status of those assets situated in India. All these would form a part of the Case Analysis.
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2.IMPEDIMENT TO COPYRIGHT LAWS IN INDIA- SAFEGUARDING MUSIC OVER DIGITAL EXPLOITATION
By- Anshika Jain, BBA- LLB Student at NMIMS, Indore
•Abstract
India is a large, multicultural and fast developing country with an expanding digital economy. The vibrant music, cinema, literature, and other cultural industries are evidence of the country's extensive tradition of artistic expression. Additionally, music has long served as a source of motivation and enjoyment for individuals all around the globe. But as India has blended deeper into the digital world, music is now more easily available than before.
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3. Clarity Over the Enforcement of Pledge on Dematerialized Shares: A Case Comment on The PTC India Financial Services Limited Vs. Venkateswarlu Kari and Another
By- Arunima Agarwal, Law Student at Bennett University, Greater Noida.
•Abstract
The historic ruling in PTC India Financial Services Limited versus Venkateswarlu Kari and Another Civil Appeal No. 5443 of 2019 is examined in this case study. The SC (Supreme Court) provided clarification on the establishment and enforcement of dematerialized pledged securities on May 27, 2022. The Supreme Court reviewed the the SEBI (Securities and Exchange Board of India) (Depositors and Participants) Regulations of 1996, Depositories Act of 1996 (DP Act), and the ICA (Indian Contract Act) of 1872 as a whole (together, with the ‘DP Framework’). The DP Framework is an addition to, not a substitute for, the ICA rules governing the formation and enforcement of commitments over dematerialized shares, the court found.
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4. Queer Acts as well as Politics
By- Sunanda Das, Ph.D. scholar Tata Institute of Social Sciences Hyderabad
•Abstract
Queer theory's promises are important and troublesome. They have functioned to question the meaning and strengthening of sexuality besides gender groups, besides to representation in addition to problematize standardized kindred of influence and pleasure in the recognized assemblies besides organizations in which we conscious and function. Queers deconstructive besides anti-normative (or non-conformist) leanings, nevertheless, can be adversative to global LGBTQIA+ law improvement schemes. In much of queer grant, human privileges involvement is enclosed as strengthening heteronormative constructions of information besides control and endorsing secure thoughts of monogamy, communal reproductively, besides gender individuality. In this paper, I effort with the tautness amid queer theory besides the law to edge the sustained chase of human privileges by LGBTQIA+ persons as queer jurisprudence. I do so by sketch on the procedural gears providing by Eve Sedgwick's method of reparative interpretation besides Michel Foucault's ethics of care of the personality to attention on the survived involvement of LGBTQIA+ persons. What appears finished the sections of LGBTQIA+ pledges to anthropological privileges besides legal crusading are not refrains of inexperience, amenability, or accommodation, as regularly stimulating, nevertheless on-going labours to disturbance, imagination, and hope?
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5. UNITED NATIONS SECURITY COUNCIL (UNSC) REFORMS: A THIRD-WORLD PERSPECTIVE
By- Anurag Jaiswal, HPNLU, Shimla
•Abstract
The call for the United Nations Security Council (UNSC) reforms from the perspective of third-world nations is a subject of global importance. This organization is considered to be one of the principal organs of the United Nations (UN) meant to uphold and collaborate in ensuring international peace and security. The present structural framework of the UNSC is being dominated by those powerful nations that evolved during the geopolitical realities of World War Second (WWII). However, with the rise of several other third-world powers in this 21st century, there is a demand for reforms in the outdated structure of the UNSC. The role and responsibilities of the UNSC are expanding with the multi-polarization of the present world as the global political dynamics have witnessed significant changes. In recent years, the UNSC has failed to resolve international conflicts effectively due to lacunae in its structure, such as unfair representation, imbalance of power concentration, inefficiency, transparency and legitimacy in decision-making. This article examines the proposals from the futuristic perspective of third-world nations to reform the existing structure of the UNSC, such as more inclusive representation, effective and transparent decision-making and discouraging biased use of veto power. The article further substantiates various contemporary issues that caused an impediment in executing such efforts, such as the role of permanent members, misuse of veto power and many more.
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6. SEXUAL AND REPRODUCTIVE HEALTH OF WOMEN
By- Sai Shetye, Law Student, Thakur Ramnarayan College of Law
• Abstract
Sexual and reproductive health refers to a complete physical, mental, social, emotional well-being of a person in the matters related to the reproductive system. Globally it provides reasons for public health, development, human rights, and the humanitarian rights of all the people. Although this process and rights have been made uneven and major parts of the world suffer because of it. Gender based violence against women has crossed all the boundaries and is pervasive and has adverse effect on the sexual and reproductive health. In this paper we aim to review the major setbacks of the gender-based violence on women and girls and exposures in the form of child abuse, child marriage, female genital mutilation, forced sex, pregnancy etc because addressing this issue is the first need of the hour.
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7. FROM EXCLUSION TO EMPOWERMENT – LGBTQ+ STRUGGLES AGAINST WORKPLACE DISCRIMINATION
By- Bhavya Rani and Shinan D’Leema, Law Students, SVKM's Narsee Monjee Institute of Management Studies, Hyderabad
• Abstract
LGBTQ+ persons have historically faced workplace discrimination, including prejudices and harassment, which has resulted in job inequalities and limited career opportunities. Workplace marginalisation in India was made worse by anti-LGBTQ+ policies and conservative society attitudes. Global civilizations are increasingly embracing diversity and tolerance due to legislative reforms and shifting views. A significant shift occurred in 2018 when homosexuality was decriminalised in India due to the ruling in Navtej Singh Johar v. Union of India. Through employee resource groups (ERGs), activism, and advocacy, the LGBTQ+ community actively impacts change. ERGs raise awareness, provide networking opportunities and influence policy. The LGBTQ+ community actively shapes change through activism, advocacy, and employee resource groups (ERGs). ERGs foster awareness, serving as platforms for networking, support, policy influence. Empowerment transcends legalities, benefiting individuals and organizations by attracting talent, fostering innovation, and boosting well-being.
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8. An Analytical Study Of Anti-Competitive Practices Of Food Delivery Platforms In India
By- Aditi Prabhu, Law Student, Christ University
•Abstract
The Food Delivery Platforms Zomato and Swiggy have been accused of contravening many provisions of the Competition Act for many years. However, the Competition Commission of India has yet to recognise its practices as anti-competitive. The Commission, in the recent case of National Restaurant Authority of India v Zomato and others, recognised many of the practices by these platforms as violative of the Competition Act 2002. The Food Delivery Platform, being a digital platform, has many unique characteristics that set it apart from the Traditional players in the market, raising a plethora of concerns in the application of the Competition Act. The 53rd report by the Standing Committee on Finance titled “Anti-Competitive Practices in Big Data Companies” further analysed the increase in digital markets in the economy and its ability to tip the competition in its favour. There is a need to recognise the ability of digital platforms to hamper fair competition in a market. The author cites various precedents and analyses the scope of digital markets, with special reference to Food Delivery Platforms, in Competition Law. Further the author by the application of a test determines whether such activities undertaken by the Food Delivery Platforms is violative of the Competition Act. The Author conducts a doctrinal study analysing various case laws, legislations, reports and research papers related to the violation of the Competition Law by Digital markets with a special focus on Food Delivery Platforms. The author's method of data collection is a qualitative method, and the method of data analysis is textual analysis.
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9. Analysis of Nuclear weapon regulation at the International level
By- Aditi Sanjay, School of Law, Christ (Deemed to be University).
•Abstract
This paper starts with the evolution of nuclear weapon regulation during the Cold War, emphasizing the bilateral dynamics between the USA and the Soviet Union. It also explores the role of the International Atomic Energy Agency (IAEA) in promoting the peaceful use of nuclear energy and its challenges in balancing developmental objectives with non-proliferation efforts. The narrative delves into the IAEA's safeguards system, highlighting its strengths and weaknesses, especially in addressing covert activities. The research analysis the role of IAEA and criticises the existence of nuclear weapon even after the efforts laid down by the international treaties. The paper also examines the importance of unannounced inspections, transparency visits, and monitoring to prevent nuclear scenarios. It further critically analyses cases of non-compliance with the Non-Proliferation Treaty (NPT) and suggests modifications to strengthen the NPT regime. Along with this the paper lays down the articles in the NPT and analysis the same. It also talks about the shortcomings of the NPT to understand the negatives. The paper concludes by emphasizing the need for a smooth transition to a new regime and establishing principles to ensure universality and effectiveness in nuclear non-proliferation efforts.
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10. GENDER JUSTICE: A REALITY THAT TENDS TO FORGET THAT MEN CAN BE A VICTIM TOO
By- Ishita Chattopadhyay, Student, St. Xavier's University, Kolkata
•Abstract
The concept of gender justice heralds equal treatment ensuring equal opportunity and rights to every human being irrespective of their gender. But the real scenario seems to be different. Most of the laws regarding sexual harassment and particularly legal provisions for rape are woman-centric and assume men as the only perpetrator to commit such heinous crimes. Statistics say that it is not just women who are victims of harassment physical or mental, but it is also men who often fall prey to such inhuman crimes. It is that crimes against a man are not talked about in our country as we talk and spread awareness about crimes against women. More often men are subjected to sexual harassment, but due to fear of shame from society, these incidents remain unheard. Thus justice is never delivered. So the question arises whether the Indian legal system is efficient enough in equally addressing the crimes against men and women or whether there lies a void in the matters concerning men.
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11.EXPANSION OF DEFENCE OF INSANITY: PERILS AND PREVENTION
By- Shireen Sengupta, UG Law Student, Vivekananda Institute of Professional Studies
•Abstract
“Actus Reus” and “Mens Rea” form the two main pillars of any crime. The defence of insanity provides exemption to accused persons in cases wherein the lack of mens rea makes determination of culpability difficult. While good in law, the defence of insanity has proved to be bad in practice. With the increase in study of psychology and psychiatry and its ever-increasing scope of the definition of “mental illnesses” the criminal justice system has been greatly harmed as the defence is now being popularly misused as a tool to escape conviction. Using relevant laws, precedents and statistics, this paper observes the trend of the abuse of the defence at the hands of accused persons. By giving an overview of the defence along with its history, this paper seeks to explain the dangers of the expansion of the defence of insanity in criminal jurisprudence and also provides short term and long term measures to prevent its perils.
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12. UAVS AND ITS LEGAL CHALLENGES IN INDIA: TAKING NOTES FROM INTERNATIONAL LAW
By- Nirbhay Phusate, PHD Candidate, Centre for International Legal Studies, Jawaharlal Nehru University (JNU), New Delhi
• Abstract
Unmanned Aerial Vehicles (UAVs) also commonly known as Drones, are not a new thing to the global world. UAVs have been used by the global world since the last few decades extensively. They have been used for several purposes like agriculture, delivery mechanisms, rehabilitation, government schemes etc. But growing capabilities of UAVs have also brought with it various challenges. Challenges which vary from civil nature to military nature. It has also brought into foresight direct legal challenges of right to privacy concerns and also various Humanitarian challenges in situations of Armed Conflicts. If we examine the Indian scenario, not much legal literature has been developed around the issues surrounding the challenges brought up by the UAVs. Although India’s legislation has touched upon some issues concerning the overall practical implications of use and misuse of UAVs, it has not taken into account the greater challenges emerging from the vast technological development in the sphere. The author aims to look at the legal challenges brought by the use of UAVs in India and also bring out international law discourse around the issue. It aims to bring up the discourse over the necessity to regulate UAVs exclusively due to the changing nature and technological evolution of the subject.
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13. PROFESSIONAL ETHICS: JUSTICE AND PROFESSIONALISM IN ADVOCACY
By- Vinita Kumari, student of LL.M., Chanakya National Law University, Patna
•Abstract
Professional ethics are rules that govern behavior in various fields, including schools, universities, management, medical practice, and litigation. This article focuses on the importance of professional ethics in advocacy, which is based on justice, maintaining the rule of law, and ensuring unity. The foundation of advocacy lies in the application of professional ethics in litigation.The legal profession is crucial for the government's survival and requires ethical conduct from its practitioners. Members of the Bar, like judges, must adhere to a formal code of professional ethics to maintain trust and credibility. The objective is to provide efficient, genuine, and financially accessible legal advice. Traditional principles like integrity, faithfulness, loyalty, hard work, expertise, and impartiality must be upheld, prioritizing customer interests over personal gain. The legal profession in India is governed by the Advocates Act and the Bar Councils Act, which establish a legislative code of behavior. Advocacy lawyers must maintain dignity, respect the court, avoid illicit methods, and avoid acting as surety or vouching for the court's reliability.
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14. A STUDY ON THE RELATED RIGHTS OF THE PERFORMERS IN CINEMATOGRAPHIC FILM GENERATED BY THE ARTIFICIAL INTELLIGENCE IN INDIA
By- AASHIKA.V, L.L.M Candidate, School of Excellence in Law, Tamil Nadu Dr. Ambedkar Law University
•Abstract
The paper focusses on the segment of protecting the neighbouring rights of the performers featuring in the cinematographic work generated by the artificial intelligence. Though the area to recognise AI as a legal person and protect them under the performer’s right is ambiguous, the performer whose identity has been used by the to generate a fictional work can be given credit and protect them of their rights by proper legislations since the purpose of the intellectual property rights is to protect the human being with the intellect that achieves a creative work. When a right is granted, the need to undertake the liability is automatically understood. Even though an AI is given the status of a legal person, it can’t be equated with a human being, as it can’t enjoy the rights or undertake liability. Of course, we can make the owner or user of the AI liable under certain circumstances. The paper revolves around the question whether the performer’s right can be granted to the real-life performer whose face is used by the AI made performance synthetisation technology in the adaptation of the cinematographic film whose script is generated by the AI consciousness.
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15. JURISPRUDENCE OF NON-DEROGABLE RIGHTS
By- Sarvesh Kasaudhan & Animesh Srivastava, UG Law Students, Lloyd Law College, Greater Noida
•Abstract
The main objective behind writing this research paper was to know what the legal norms of human rights are that any individual can justify during a time of war or emergency.
The surrounding of any legal methodology has mainly consisted of a viewpoint of social welfare as well as integrity for all. The concept of Human Rights is one of the best legal ways regarding the practicality of social norms. This research paper Titled: “Jurisprudence of Non-Derogable Rights” is a piece of framework subjected towards other than Human Rights. This paper consists of the other shadow of some human rights in the name of Non-Derogable Rights. As we are aware human rights are not absolute in the majority of democratic nations due to which the governments get some excessive powers at the time of emergency which perhaps dignifies humanity. Many democratic nations started the provisions of Non-Derogable Rights which will be considered absolute and may not be subjected to any derogation from any individual during an emergency or a period of war. This research paper helps in recognition of the non-derogable rights at the international as well as state levels, this paper also empowers the role of the American Covenant over spreading the awareness of these non-derogable rights.
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16. SCRUTINIZING THE STRUCTURE AND MECHANISM OF INFORMAL P2P LENDING OF MONEY: A COMPENDIOUS STUDY OF THE PROCESS AND ITS IMPLICATIONS IN INDIA
By- Vanshika Kataria, UG Law Student, Chandigarh University, Mohali, Punjab, India
•Abstract
‘Informal Credit Market’ has always been a crucial part of the financial sector in India. It is a matter of fact that both formal and informal credit markets are interlinked with each other. Share of revenue as well as profits to the formal sector is contributed by the informal sector yearly. Formal credit suppliers mainly comprise ‘banks’ and ‘NBFCs’ (Non-Banking Financial Corporations) while the list of informal credit suppliers is long. Among the various types of informal credit suppliers in India, this paper specifically deals with informal P2P (Peer to Peer) lending, i.e., availing loans from friends, relatives, and other acquaintances. Major concern felt in the functioning of the informal sector is the absence of regulating authorities which is also a prime reason why people prefer it as the whole process along with entry and exit is based on mutual understanding. The mechanism and procedure involved in such lending is largely governed by the Income Tax laws which puts restrictions on creditor and debtor. Neither the income tax department nor the Reserve Bank of India prescribes any cap or maximum limit on the rate of interest to be charged, thereby leading to the exploitation of borrowers as well their families. Banks becomes ineffective in providing loans to individuals at times they are going through financial crisis for several reasons including complicated process, less flexibility, unsuitable eligibility of personal loans, creditworthiness, etc.
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17. RIGHT TO LIFE AND LEGISLATION OF PHYSICALLY ASSISTED EUTHANASIA : A CRITICAL STUDY
By- Navneet Gandhi, L.LM, Chanakya National Law University, Patna
•Abstract
Euthanasia is a topic that elicits passionate arguments from both proponents and opponents. This chapter presents a balanced analysis of the pros and cons of euthanasia. It highlights the arguments in favor of euthanasia, such as relieving unbearable suffering, upholding personal autonomy, and alleviating the burden on families and healthcare systems. Conversely, it explores the ethical concerns surrounding euthanasia, including questions about the sanctity of life, the potential for abuse, and the challenges it poses to healthcare professionals and vulnerable populations. The topic of euthanasia, the deliberate termination of a person's life to end their suffering, is a complex and contentious subject that has been the focus of philosophical, ethical, religious, and legal debates for centuries. This critical analysis explores the multifaceted dimensions of euthanasia, with a focus on the right to life and the legalization of physically assisted euthanasia. The paper delves into historical perspectives on euthanasia, religious views across different faiths, the legal aspects of euthanasia, and international jurisprudence as seen in the Common Cause case. Furthermore, it examines the current procedures and guidelines for passive euthanasia in India and weighs the pros and cons of euthanasia as a practice.
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18. Striking a Balance: Exploring Indian MSMEs within the Realm of Competition Law
By- Pratham Bagani & Ninad Senad
•Abstract
This research paper dives into the complex link between Indian Micro, Small, and Medium firms (MSMEs) and competition legislation, attempting to uncover the obstacles and possibilities that arise while balancing small businesses' interests in a competitive market. The MSME sector is an important part of India's economic structure, contributing considerably to job creation, innovation, and overall economic growth. However, the article argues that the competitive dynamics in which these businesses operate must be carefully examined to ensure fair play, market efficiency, and customer welfare. The research begins with a thorough examination of India's existing legislative framework controlling competition, with a focus on the Competition Act and its implications for MSMEs. The study examines the subtleties of competition law as they apply to MSMEs, offering insight on the possible anticompetitive activities that may emerge in this sector and the ramifications for market equilibrium. It also looks at the issues that MSMEs confront when it comes to complying with competition law requirements, taking into account their inherent resource and capability limits.
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19. UNMASKING UNETHICAL TACTICS: A DEEP DIVE INTO ILLICIT DEBT RECOVERY PRACTICES BY FINANCIAL INSTITUTIONS IN INDIA
By- S.Umamaheswari, Law Student, The Tamil Nadu Dr Ambedkar Law University
•Abstract
This paper provides a comprehensive historical development of money lending in India, exploring the intricate dynamics surrounding debt recovery in India, encompassing the legislative framework, significant legal judgments, and emerging challenges posed by the prevalence of instant loan apps. The legislative backbone is formed by the Recovery of Debts and Bankruptcy Act, 1993, and the SARFAESI Act, 2002, which delineate the processes governing the adjudication and recovery of debts owed to banks and financial institutions.
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20. EMERGENCE OF CONTEMPT OF COURT IN SUBJUDICE CASES IN INDIA: TRENDS & JUDICIAL ATTITUDE
By - Dr. Rajeev Kumar Singh (Assistant Professor of Law) & Anusha Agarwal (LL.M. Scholar), Amity Law School, Amity University Uttar Pradesh, Lucknow Campus.
•Abstract
Sub-judice literally means ‘in course of trial’ and is also referred to in media terms as being ‘under a judge’. Journalists know or should know that from this time on comment about matters before the courts is fraught with danger. The term sub-judice can be defined as “under judicial consideration”. A matter that is pending in court, meaning that any dispute/conflict that is still need to be considered judicially wherein a judgement has not been pronounced can be said to be a matter in sub- judice. It is a rule that forms a part of the law relating to contempt of court. This rule is basically to govern what public statements can be made about ongoing legal proceedings before, principally, the courts. It is the role of the courts to deal with legal issues that are before it, therefore, its role should not be hindered by others making public statements about how these issues should be dealt with. Through an analysis of case studies and theoretical frameworks, the author seeks to disentangle the underlying mechanisms driving sub juice, alleviating light on its destructive effects on the fairness and integrity of legal processes.
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21.ARTICLE ON COPYRIGHT AND AI GENERATED WORKS
By- Anshita Agarwal, UG Law Student, Karnavati University, Gandhinagar Gujarat
•Abstract
Artificial intelligence is considered as the future of the modern world because of its technology and capabilities of doing the works which at first only a human could do. Now AI can easily create creative and unique works much better than the humans. Ai has now entered each field that exists. It has traversed quite some distance since its creation, making AI technology no longer just a dream but reality now. From machine learning, natural language processing to GenAI, the technology has continuously become advanced in nature. In today’s world one can get literally anything done thanks to the technology provided. In the previous times one could not have imagined having Chatgpt, or a robot with human intelligence but now that’s the reality. If we look in the previous times, huge amount of data used to be stored in form of physical files and one had to go through all the data to analyse which was a very tiring and time consuming work, but now with the help of computers and other smart technology one can easily store the data digitally and anyone can get access to it very easily. Now we can easily give the computer instructions to analyze the huge data and give its summarized data. Artificial intelligence is a highly transformative and one of a kind technology of the mid twenty-first century, mostly due to its capacity to acquire knowledge from past experiences and operate independently of human intervention. This is attributed to its capacity to acquire knowledge and operate autonomously, apart from any human involvement.
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22. ARTICLE ON SILENT ALCHEMY: NAVIGATING INDIA’S TRADE SECRET ENGIMA
By- Disha Bohra, UG Law Student, United World School of Law, Karnavati University
•Abstract
Intellectual property laws are still evolving and not fully recognized; some categories have yet to gain broad acceptance or protection as part of intellectual property. Trade Secrets are one such category that falls outside the scope of Intellectual Property protection and is instead secured by domestic contractual and civil laws in various countries. Trade secrets, which are considered the norm in trade practices, involve traders or their employees using specific information to gain a competitive advantage. This confidential information includes formulas for product development, business practices, unique processes, consumer-friendly designs, and tools for achieving goals, trade patterns, and compiled data that provides a commercial benefit over competitors.
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23.NON CONVENTIONAL TRADEMARK: A COMPARATIVE ANALYSIS OF UK, USA AND INDIA
By- Siya Jalan, UG Law Student, United World Law School, Karnavati University, Gandhinagar, Gujarat
•Abstract
Within the modern intellectual property rights landscape, the rise of non-conventional trademarks is a constantly changing phenomenon. The objective of this research is to study this topic in great depth, navigating the legal nuances and complexity involved in identifying sensory marks as trademarks under Indian law. The primary causes of the problems with trademarking non-conventional marks are their subjective nature and the challenges of presenting them. Non-traditional trademarks require a different registration and protection strategy than conventional trademarks, which are easily identifiable and depictable. This study aims to critically examine the current legal provisions and judicial perspectives in India pertaining to non-conventional marks. It will identify any legal gaps and suggest a methodical approach for their recognition and registration. In contrast to the existing Indian legal requirements for trademark registration, this study will look at the requirements of visual representation, distinctiveness, and non-functionality for unconventional trademarks, relying strongly on literatures, statutes, and notable case law pertinent to trademark law in India and similar jurisdictions. It would make policy suggestions and legal reforms intended to successfully incorporate non-conventional marks into India's trademark protection framework. This study makes a significant contribution to the topic of unconventional trademarks by offering a thorough examination and helpful solutions for the complex problem of trademarking non-conventional marks under Indian law.
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24. CORPORATE SOCIAL RESPONSIBILITY : AN INTERNATIONAL PERSPECTIVE
By- Ritu Rohitkumar Patel, UG Law Student, United World Law School, Karnavati University, Gandhinagar, Gujarat
•Abstract
With the rise of corporate social responsibility (CSR), a pivotal aspect of contemporary business practices, reflecting a paradigm shift towards ethical, sustainable, and socially beneficial initiatives. This paper provides an in-depth analysis of CSR from an international standpoint, encompassing its conceptual evolution, global trends, stakeholder impacts, and corporate challenges. Drawing from diverse theoretical frameworks and empirical research, the study navigates through contrasting perspectives on CSR, highlighting its dual role as both a strategic business tool and a moral obligation towards society. Furthermore, the paper delves into legislative mandates, such as Section 135 of the Companies Act, 2013 in India, and examines the varying levels of CSR adoption across developed and emerging economies. Additionally, the study explores the purpose of leadership in advancing CSR initiatives and underscores the benefits of CSR for businesses, including enhanced brand reputation, customer loyalty, and risk reduction. Moreover, the paper analyses CSR as a driver of sustainable development, aligning with the United Nations' Sustainable Development Goals (SDGs), and discusses the need for CSR in addressing pressing global challenges. The conclusion emphasizes the significance of further research in understanding the complex dynamics of CSR and its implications for corporate conduct and societal well-being.
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25.FOREIGN MERGERS AND EASE OF DOING BUSINESS IN INDIA
By- Bhawana Tawari, UG Law Student, United World Law School, Karnavati University, Gandhinagar, Gujarat
•Abstract
Due to multinational firms' pursuit of strategic alliances and international expansion opportunities, foreign mergers have emerged as a significant aspect of the global business scene. A major player in the global market and one of the fastest-growing economies in the world, India has seen a rise in foreign mergers and acquisitions in recent years. Nonetheless, there are substantial obstacles associated with India's legal framework for foreign mergers, which have an effect on how simple it is to conduct business there. This article delves into the nuances of international mergers in India, scrutinizing the legal and regulatory obstacles that multinational companies face while going through the merger process. It examines how the Companies Act of 2013 and other pertinent laws govern foreign mergers, including their statutory provisions, regulatory requirements, and judicial interpretations.
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