A critique on phishing crime in India

Cyber crime, phishing case in india, ecommerce
Yogesh Prasad Kolekar1. ABSTRACT A Phishing a crime of fraud or deception through emails. The perpetrator sends email resembling legitimate one to lure the user to reveal a password or financially vital code. As opening an email account is a simple process and does not require any factual identity verification, hence, emails are also a popular medium to commit...

Misuse of sexual harassment laws in India

Raghavi Viswanath The Indian judiciary has seen a decelerated evolution with regards to sexual harassment laws. This article seeks to highlight and analyze the various flaws in the legal apparatus to deal with sexual harassment as it exists today. One of the most dubious provisions is Section 498-A of the Indian Penal Code. While the provision has been created...

Analysis of Corporate Social Responsibility under Companies Act

Law
Ruchi Goel and Divya Gupta1. Abstract Corporate Social Responsibility has become a business agenda these days. Companies not only look at CSR from the traditional perspective of reputation or brand value but also as an opportunity to provide sustainability in environment, economic and social value to the stakeholders. It helps to create a positive impact...

Standard Form of Contract: A Case Study of Flipkart

Flipkart online mega store
Sahil Jain & Pradyumna Kibe1. Standard Form Contracts are agreements that employ standardized, non-negotiated provisions, usually in pre-printed forms.  These are sometimes referred to as “boilerplate contracts,” “contracts of adhesion,” or “take it or leave it” contracts. The terms, often portrayed in fine print, are drafted...

Suicide: Durkheim’s theory and the debate

On decriminalization of Section 309, IPC Tweisha Mishra, Student of Law, National Law Institute University, Bhopal Abstract Suicide as a phenomenon, in the present article, is focused on adolescent or teenage suicides, which are increasing at rapid rates, thus raising a cause of concern. Suicide has been studied with reference to the eminent French sociologist,...

White collar crimes with special reference to cyberspace

Dr. Ghulam Yazdani1. ABSTRACT The concept of white collar crime has developed into a major part of criminological study. In the interceding years, a perceptible step was from “the study of white collar crime as an individual phenomenon to the study of white-collar crime as an organization practice.” As we are seeing rapid growth of internet usage throughout...

Right to Food as Human Right

Judicial Accomplishment towards International Obligation Dr. Ghulam Yazdani1 Abstract Even after 67 years of Independence, the people of India particularly poor and vulnerable groups experiencing everyday for the basic necessities of life. As there exists problem of  poverty and hunger  on top of all. This paper is focuses on determining the challenges...

Rape Cases: a serious social evil today

Archit Gupta, NLIU, Bhopal The infamous Delhi Gang Rape 2012 has left the whole nation and world devastated and shattered. It was impossible to think that such kind of brutality could take place in relatively safer parts of National Capital of world’s largest democracy. A medical intern who was travelling with her male friend in a private bus was brutally...

Ownership and control of material resources of the community

Supreme Court of India
Recent trends in Judiciary Dr. Kondaiah Jonnalagadda, Assistant Professor, NLIU, Bhopal Ownership and Control of the Material resources of the Community is to be distributed according to the policy of the state to sub-serve the common good, as it is given in Article 39 of Constitution of India. State also acts as trusty of public property. Exploration and...

Crimes against women in the cyber space

CYBER CRIMES AGAINST WOMEN IN NATIONAL AND INTERNATIONAL PERSPECTIVE: NEED FOR EFFECTIVE LAWS Dr. Ghulam Yazdani1. INTRODUCTION The Science of Information technology has extensively developed over the last two decades and has turned out to be the nucleus of today’s global and technological development. The worldwide network provides every user known as...

Legal challenges on account of domain names

Prof. (Dr.) Sreenivasulu N.S1and Jagadish. A.T2. Domain names are assets of cyberspace3. The quintessence of domain name lies in the fact that, with growth of internet the magnitude of domain name have sky-rocketed. No doubt from birth of any technology followed by its growth it faces challenges and obstacles, so in case of domain names. With the latest enter...

Judiciary and the indigenous people in India

ROLE OF JUDICIARY OVER DEVELOPMENT AND THE RIGHT OF THE INDIGENOUS/TRIBAL (ADIVASI) PEOPLE IN INDIA Dr. Ghulam Yazdani1. INTRODUCTION Asia is a land full of natural and cultural wonders. But the region faces critical challenges, including poverty, water shortages and climate change. IUCN2works with states and civil society in the region to build solutions...

Article 38(1) of ICJ and sources of International Law

Critically discuss whether Article 38(1) of ICJ Statute exhaustively enumerates all sources of International Law. Dipti Srivastava, Student of Law, Jindal Global Law School Sources are the fundamental basis of International Law, which has the force of creating rights and obligations on the states concerned1. This paper attempts to answer a critical question...

Applicability of International Humanitarian Law (IHL) on cyber warfare

Apoorva Sharma, Institute Of Law, Nirma University, Ahmadabad The end of law is not to abolish or restrain, but to preserve and enlarge freedom. For in all the states of created beings capable of law, where there is no law, there is no freedom -John Locke Jus in bello, conjointly called the International Humanitarian Law [IHL]1is the section of law of nations,...

Criminal Law, Terrorism and Human Rights

Dr. N S Soman,1Associate Professor, School of Legal Studies, Cochin University of Science and Technology, Kochi-22, Kerala. There are universally accepted norms for the Protection of human rights. International standards and norms for the protection of human rights are incorporated in the International Bill of Human Rights comprising of Universal Declaration...

Constitution and the Public Administration

Dr.(Prof.) Ravishankar K. Mor, Asst. Prof., Dept. of Law, Yeshwant Mahavidyalaya, Wardha1. Public Administration in any country is defined in its constitution, so also in India; the Constitution has clearly spelt out the powers, functions and goals of public administration. The Constitution of India has clearly articulated the social and economic goals and...

CSR and the Companies Act 2013

Has it really achieved the objectives or are we still far from achieving a strict compliance with the CSR policies Sandeep Menon Nandakumar, Assistant Professor (Sr.), VIT Law School, Chennai It is an undisputed fact that multinational corporations wield more power and wealth than many of the nations across the world1. Due to the very same reason, they are...

Tracing official bias from Gullapalli to Doctrine of necessity

Supreme Court of India
Palak Gupta, Student of Law, Gujarat National Law University It is the spirit and not the form of law that keeps justice alive.  ~ Earl Warren. Natural Justice is an important concept in administrative law. In the words of Megarry, J.1it is ‘justice that is simple and elementary, as distinct from justice that is complex, sophisticated and technical.’...

What does not come under the definition of industry?

V. Chandra Sekhar, Student of Law, Damodaram Sanjivayya National Law University, Visakhapatnam Change is a phenomenon that twists the very fabric of the society. When the world entered 19th century, the discovery era had just passed by and the era of invention had begun, and it was out of these inventions that companies were born. Out of a filament bulb Thomas...

Income Tax Issues in relation to Refund

Abhilash T.G, Asst. Professor in Law, CSI College for Legal Studies, Kottayam STUDY OF THE VERDICT OF THE APPEX COURT IN COMMISSIONER OF INCOME TAX Vs GUJARAT FLOURO CHEMICALS (2013) Tax refund is the amount, which the tax department gives back to a taxpayer who has paid excess taxes. Refund means, “To pay back”. The refund under the Income Tax Act 1961...