Volume I Issue V
( Dec 2023 )
Anchit Bharti, University of Petroleum and Energy Studies, Dehradun
Vaishali Vishwakarma, University of Petroleum and Energy Studies, Dehradun
Page: 01-06
DOI:
10.5281/zenodo.10250888
ABSTRACT: This article explores the dimension of the interplay of the Environmental Law and the corporate law in India. The emergence of CSR i.e., Corporate Social Responsibility and CER, Corporate Environmental Responsibility in India, while bringing a sense of accountability about the environment and social responsibility to the corporate world, the article highlights the nuanced perspectives regarding the growing importance of CSR and CER and the challenges that are associated with it. The article poses certain suggestions to mitigate the challenges associated with CSR and CER in India. The need for CSR and CER to be implemented at the grassroots level is also uplifted by the government, the article suggests a certain way towards it. The article aims to contribute insights that can inform policy decisions, corporate strategies, and sustainable development practices in the Indian corporate houses.... read more
Swarangi Bhurke, University of Mumbai Law Academy
Page: 7-17
DOI:
10.5281/zenodo.10253008
ABSTRACT: This comprehensive study aims to explore the evolution of judicial activism in India, tracing its origins and development through key historical, philosophical, and legal influences. The narrative encompasses significant cases that marked distinct stages in the judiciary's role, from maintaining a classical position to actively participating in shaping legal decisions. The Supreme Court of India has played a crucial role in responding to societal issues, protecting fundamental rights, and shaping legal interpretations. The court has often taken a proactive stance to address matters of public concern, ensuring justice and equity. In the contemporary era of democratic governance, judicial activism stands as a pivotal determinant influencing legal dynamics. It's essential to note that while judicial activism can be a powerful tool for ensuring justice and upholding constitutional values, there are ongoing debates about the extent to which the judiciary should play an activist role. Critics argue that excessive judicial activism might lead to judicial overreach and interfere with the domain of the executive and legislative branches. Striking the right balance remains a subject of ongoing scrutiny. This research focuses on the constitutional powers of the Courts in India and a shift from a strict locus standi to Public Interest Litigation.......................... read more
Srishti Maurya, University of Lucknow
Page: 18-23
DOI:
10.5281/zenodo.10359158
ABSTRACT: Arbitration is a private dispute resolution process where parties decide to settle their dispute instead of going to court. Main features of arbitration process are confidentiality, neutrality and it is consensual. The arbitral award is final and binding on both parties. 2 Party autonomy is also a key feature of arbitration process. Party autonomy means parties are free to decide which substantive law would apply, number of arbitrators, seat, and venue of arbitration. The seat of arbitration is vitally important as it determines the applicable law to the arbitration proceedings. Seat of arbitration is different from venue of arbitration as the former determines which procedural laws would apply to the arbitration proceedings and the latter is merely the geographical location where the proceedings would take place. It is important that parties must mutually determine the seat of arbitration to avoid unnecessary dispute. This content aims at providing the information about case decided upon the validity of the subsequent change of seat of arbitration by mutual agreement. In this judgment, court has laid importance upon the shifting of seat of arbitration by mutual agreement of the parties........................... read more
Hita Manjunath, National Law School of India University
Page: 23-31
DOI:
10.5281/zenodo.10359249
ABSTRACT: This research paper seeks to disentangle the complex relationship between international law and India's domestic legal system, contrasting it with the dualist approach of the United Kingdom. The study addresses India's constitutional and judicial management of international norms, particularly in the context of environmental law and human rights, utilizing the dialectics of dualism and monism. The goals include an examination of India's constitutional directions, legislative processes, and the role of the Supreme Court in interpreting and applying international law. The study focuses on India's distinctive blend of dualist and monist doctrines, which reflects a varied and developing legal practice. The practical implications of these ideas are demonstrated using key case laws such as M.V. Elizabeth. The paper concludes with insights into the Indian Supreme Court's cautious yet progressive engagement with international law, underscoring the need for more coherent and strategic integration of global legal norms within India's legal framework. This research contributes to understanding the complexities and dynamics of international law assimilation in a country with a rich legal heritage and diverse legal challenges........................... read more
Chetan Sachdeva, UPES, Dehradun
Page: 32-38
DOI:
10.5281/zenodo.10359520
ABSTRACT: CSR is an important which contributes to economic development and improve the quality of the work life balance. There are other nomenclatures of CSR. Companies are focusing on some areas like education, agriculture etc. CSR are completely different from charity as there can a be charity without CSR but there can be no business without CSR. There can be so many dimensions of CSR but it depends on company to company, like what are their primary goals. Strategic approaches are the ones which can help in implementing the CSR projects in the various companies such as Co-ordination approach which ensures that company and employees must co-ordinate with each other for the better result of the CSR project. In CSR policy there must a vision clause, objectives clause as well as proper monetary and governance mechanism. SOP stand for standard operating procedure, there should be sop for each expertise in CSR project. There are 2 types of social research method and this type of research is conducted by social scientist. SROI stands for social return on investment and it is a way of expressing outcome in relation to investment. It’s about tracking and qualifying changes. CSR can be done through various department such as HR, safety, marketing and many more. CSR was introduced first time in Companies Act, 2013 and then, the company (CSR) policy, 2014 rules were made. Section 135 of the Companies Act, 2013 deals with various things of CSR........................... read more
Divyanshi Gupta, Lloyd School of Law, Greater Noida
Page: 39-54
DOI:
10.5281/zenodo.10371066
ABSTRACT: Rapid digitalization of transaction and agreements has transformed company processes, but it has also introduced new concern, notably in the area of cybersecurity. This in-depth investigation digs into the complex world of internet agreements and their weaknesses in the face of criminality. This research gives a detailed knowledge of the challenges posed by cybercriminals and the methods necessary to defend digital agreements efficiently, from analysing the complexities of various online agreement forms to investigating the latest cybersecurity technology. The research looks at essential factors including encryption mechanisms and user education & awareness emphasizing their importance in strengthening online agreements. It also digs at upcoming technologies including artificial intelligence & machine learning virtual reality & augmented reality, highlighting their potential to revolutionize online agreement protection. The study also examines notable cybercrime instances affecting online agreements, using insights from real-world case studies. ............................ read more
Anoushka Talukdar,O.P Jindal Global University, Sonipat, Haryana
Page: 55-59
DOI:
10.5281/zenodo.10410627
FACTS: Mrs. Pratibha Rani, the appellant, filed a lawsuit at the Court of Chief Judicial Magistrate of Ludhiana against her husband and her in-laws. She had been married in accordance with all Hindu rituals, and her husband's family had asked for dowry from her parents throughout the entire wedding as payment for the union. This demand was granted, and a dowry of jewellery valued at Rs.60,000 was provided. Even yet, the respondent continued to mistreat the appellant and eventually isolated her. Later, when the appellant sought the given articles ............................ read more
Mohammed Saif Khan, ISBR Law College, Bangalore
Page: 60-75
DOI:
10.5281/zenodo.10444820
ABSTRACT: Digital Darwinism is the application of Darwin’s Theory of Evolution to the digital economy, where an organisation’s success or failure to adopt technology directly affects its survival as a business. It is a term coined by futurist Brian Solis and is based on the concept of Darwin's theory of natural selection in biology. This research paper explores the concept of Digital Darwinism and its relationship with competition law. It examines the importance of competition law in ensuring a level playing field for businesses in digital markets. It also analyses the challenges that businesses face when trying to comply with competition laws in the digital age, such as the lack of clarity in competition laws and the difficulties in monitoring and enforcing ............................ read more
Akhilesh Patro, Xavier Law School, Xim University, Bhubaneswar, Odisha
Page: 75-86
DOI:
10.5281/zenodo.10444782
ABSTRACT: Company Law and Human Rights Law in India have made some amazing progress since their beginning. As a rule, it is seen that these two scarcely cross-over. However, is this all? Is it necessary for this to be the case? Frequently it is contended that for what reason really does Organization Regulation in India has no space/arrangements for Common freedoms, not to mention a couple of segments for compulsory Corporate Social Obligation? Obligation? The counter contention can be on the grounds that there are different resolutions that explicitly take care of the government assistance of the specialists be it the installment of least wages, upkeep of a legitimate workplace or in any event, conceding of occasions. However, is this all? Does an Organization just have to take a gander at its own government assistance over the long haul and in this manner give conveniences to its workers? Do fundamental human rights not belong in a business?............................ read more