Volume IV Issue I
April 2024
Articles
by Sakshi Agarwal
Moral intricacies of the virtual space make the crime specific to the online world a really big
problem for traditional criminal organizations when the jurisdiction is to be determined.
Given that cyber-crimes defy physical boundaries while committing such crimes prosecution
of criminals is a complex undertaking. This article deepens into the complexities of the
jurisdictional issues in cybercrime prosecution, which analyses the transformation nature of
cyber offences, the ineffectiveness of the traditional felony scripts, and the rising techniques
to tackle these challenges. This article will follow case studies, locate international
operations, provide insights on inter-jurisdictional crime urge for globalized collaboration,
and enhance legal systems in the prevention of cyber threats.
Cite as: Agarwal, S. (2024) “Crime within the Clouds: Investigating Jurisdictional Challenges in Cybercrime Prosecution”, International Journal of Law and Management Studies, 4(1), p. 4. doi: 10.5281/zenodo.10942220.
by Isha
Passed in 1961, the maternity Benefits Act continues to be a key piece of legislation protecting
women's rights and welfare throughout the life-changing stage of motherhood. This
thorough abstract examines the Act critically, examining its legislative provisions, significant
court decisions, common critiques, and reform suggestions to guarantee the Act's ongoing
applicability. The Act covers maternity leave, health benefits, and protection against
termination during pregnancy, among other protections that are essential to female
employees. This section of the research aims to assess the efficacy and adequacy of these
laws, taking into account their flexibility in response to various working situations and their
conformity to the demands of modern society. The Maternity Benefits Act's interpretation
and implementation are greatly influenced by the legal precedents set by these instances.
This analysis attempts to clarify subtleties, interpretive difficulties, and the practical
implications of the Act in actual situations by looking at these examples. Despite the Act's
undeniable contribution to the advancement of maternal rights, critiques are still ongoing.
This paper assesses the Act's drawbacks severely, pointing out its limited scope, omission of
some job types, and apparent inadequacies in handling high-risk pregnancies. The lack of
paternity leave provisions and difficulties with enforcement are also examined. This analysis
makes a number of suggestions for improving the Maternity Benefits Act in order to solve the
issues that were found. Proposals include broadening the scope of the Act's application to
include a wider range of establishments, including provisions for paternity payments,
putting in place strong enforcement mechanisms, and periodically updating the Act to reflect
changing workplace and society dynamics. Additionally, there is a focus on pushing
companies to implement family-friendly policies and awareness campaigns. By providing a
nuanced interpretation of the Maternity Benefits Act and arguing for a comprehensive and
inclusive legal framework that adjusts to the changing needs of the modern workforce, the
in-depth abstract hopes to add to the continuing conversation about maternity benefits.
Cite as: Isha (2024) “Critical Analysis of Awareness among Women Workers regarding Maternity Benefits Act, 1961”, International Journal of Law and Management Studies, 4(1), p. 15. doi: 10.5281/zenodo.10943340.
by Aradhya Bindal
Public-private partnerships (PPPs) have become a widely adopted strategy for tackling social
issues by harnessing the respective advantages of the public and private sectors in the
provision of public infrastructure and services. This article examines the necessity,
significance, and many processes for resolving disputes in Public-Private Partnerships
(PPPs). During the past decade, India has witnessed a significant increase in the utilisation of PublicPrivate Partnerships (PPPs), which has resulted in the attraction of private investments
across diverse sectors like transportation infrastructure, renewable energy, and urban
development. The policy efforts and reforms implemented by the government were designed
to promote the participation of the private sector in solving the infrastructure needs of the
country.
Cite as: Bindal, A. (2024) “Dispute Resolution in Public-Private Partnerships: Need, Importance and Various Mechanisms”, International Journal of Law and Management Studies, 4(1), p. 29. doi: 10.5281/zenodo.10943591.
by Harman Bir Singh Juneja, Amrit Kaur
Extra-judicial killings have become a recurrent phenomenon in India. Today, this issue of
extra judicial killings is an urgent concern which the Indian society faces. Such killings lie
outside the purview of the judicial mechanism established by law. Just like a coin which has
two sides to it, extra-judicial killings also have two facets to them. One facet takes into
account the considerations which a police officer has while committing such an act. Whereas,
on the other hand, the other facet elucidates the circumstances of the accused who gets killed
without being given an opportunity of being heard. The law protects both these individuals
provided they act within the confines of law. The dynamics of extra-judicial killing require a
careful examination as regards to the stance of law in relation to both the executive agency
of the state and the person in custody which ultimately becomes the victim. The present
paper comprehensively looks forward to the protections as provided by law to the police
officers, when acting within the scope of the law. It also explores the inherent rights bestowed
upon the victim by the law. It shall also delve upon the relief which a victim can seek in cases
of extra-judicial killings. Thus, the paper examines both the ends of the rope of the criminal
justice system.
Cite as: Juneja, H. B. S. and Kaur, A. (2024) “Extra-judicial killings in India: Examining both ends of the Rope”, International Journal of Law and Management Studies, 4(1), p. 40. doi: 10.5281/zenodo.10943803.
by Rudraaksha Ranvijay Sharma
This article explores the recent advisory issued by the Reserve Bank of India (RBI) regarding
fraudulent activities exploiting Know Your Customer (KYC) protocols. The study examines
the intricate nature of the KYC trick, elucidating its operational methods, its ramifications
for financial institutions and consumers, and the regulatory framework governing KYC
compliance in India. By dissecting the advisory directives issued by the RBI and assessing
their effectiveness in mitigating KYC fraud risks, the paper aims to provide a thorough
understanding of the challenges posed by financial deceit and the regulatory mechanisms
instituted to combat such misconduct. Through an analysis of regulatory frameworks,
industry standards, and technological advancements, the research aims to identify strategies
for enhancing KYC compliance, strengthening fraud prevention measures, and preserving
the integrity of the financial system. The analysis underscores the necessity for proactive
collaboration among stakeholders, including regulatory bodies, financial institutions, and
technology providers, to cultivate a resilient and secure financial environment resilient to
the harmful threats posed by KYC fraud.
Cite as: Ranvijay Sharma, R. (2024) “Guarding against Financial Deception: Assessing RBI's vigilance on KYC Fraud”, International Journal of Law and Management Studies, 4(1), p. 55. doi: 10.5281/zenodo.10943835.
Case Comments
by Jaideep Jat
This case commentary examines a compensation claim based on the purported work-related
death of Bhupendra Sahu. The commentary examines the court's application of the
preponderance of probability theory, drawing on well-known various court’s prior
judgements. It is emphasised that the informer's report plays a crucial role in determining
the deceased's work status. The commentary praises the court's painstaking fact-finding
process but quietly raises the possibility of any missing pieces of evidence and calls for a
careful re-evaluation. It provides a comprehensive analysis of the legal underpinnings and
intricate details of the evidence that influence the court's decision about the compensation
claim.
Cite as: Jat, J. (2024) “Case Comment: Neera Bai Sahu & Ors. v. Pawan Kalwani & Ors.”, International Journal of Law and Management Studies. Harbinger Enterprises, p. 70. doi: 10.5281/zenodo.10943885.
by Anurag Nair
The domains of human rights have always been at odds with the domains of intellectual
property rights. Intellectual property rights are the sole dominion that is granted over the
creation of a person’s mind, where the person may either be a real person or a juristic person.
This creates a competition with the realm of human rights in regards to profit mongering
and the exorbitant amounts patients pay for lifesaving patented inventions. This
incompatible regime and the primacy of human rights over IPR fosters the idea of an eternal
conflict between the two regimes.
Cite as: Nair, A. (2024) “Case Comment: Novartis AG v. Union of India”, International Journal of Law and Management Studies. Harbinger Enterprises, p. 77. doi: 10.5281/zenodo.10943895.
