Law Review

Oct'18


The IUP Law Review

ISSN: 2231-3095

A 'peer reviewed' journal indexed on Cabell's Directory, and also distributed by EBSCO and Proquest Database

It is a quarterly journal focusing on various aspects of law and legal principles/issues relating to Cyber Law, Patent Rights, Copyrights, Insurance Contracts, Risk and Insurance, Banking Regulations (including Cooperative Banks/Rural Banks), Consumer Grievances, E-commerce/Internet Banking, Environmental Pollution, Public Policy, International Agreements and Treaties, Capital Markets, Mutual Funds, Secondary Markets, Medico-Legal, Socio-Legal, Arbitrations and Settlements.

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  • International Business Law
  • Corporate and Securities Law
  • Banking Law
  • Insurance Law
  • Cyber Law
  • Environmental Law
  • Alternative Dispute Resolution
  • Healthcare Law
  • Employment Law
  • Intellectual Property Rights
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Article   Price (₹) Buy
A Socio-Legal Perspective of the Prevention of Cruelty to Animals Act, 1960 with Special Reference to Jallikattu, Bullock Cart Races and Cockfights
50
Intelligent Trademarks: Is Artificial Intelligence Colliding with Trademark Law?
50
Legal Validity of Bitcoin in India
50
River as a Legal Entity: An Analysis in the Light of Mohammed Salim vs. State of Uttarakhand
50
The Impact of Artificial Insemination on the Institution of Family: Legal Nuances
50
The Dynamics of Corporate Criminal Liability in India
50
     
Contents : (Oct 2018)

A Socio-Legal Perspective of the Prevention of Cruelty to Animals Act, 1960 with Special Reference to Jallikattu, Bullock Cart Races and Cockfights
R D Vijayasekhar and Rayappa Sarah Mahimanjali

Article 48A of the Constitution of India, 1949 provides that the State shall endeavor to protect and improve the environment and safeguard the forests and wild life of the country. The Prevention of Cruelty to Animals Act, 1960 offers protection against the cruelty and ill-treatment to the animals. The ancient culture and tradition did not recommend or support the conduct of Jallikattu or bullock cart races in a cruel and crude manner. The Prevention of Cruelty to Animals Act, 1960 checks the excesses of the culture and tradition if they oppose the public policy. Brambell recognizes five fundamental freedoms of animals. The Supreme Court of India has categorically observed that the Jallikattu and bullock cart races blatantly violate the provisions of the Prevention of Cruelty to Animals Act, 1960. At this juncture, one should not forget that the tradition or culture cannot override or violate the law. This paper highlights the socio-legal perspective of the Prevention of Cruelty to Animals Act, 1960 with special reference to Jallikattu, bullock cart races and cockfights.


© 2018 IUP. All Rights Reserved.

Article Price : ? 50

Intelligent Trademarks: Is Artificial Intelligence Colliding with Trademark Law?
Kalyan Revalla

We have entered a generation where Artificial Intelligence (AI) is creating a tectonic shift in the way people interact with technology. Human beings are replaced by AI to perform automatic complex cognitive tasks. AI is trying to build a ‘transhumanism’ system where it can outperform human capabilities. This process of AI is creating ripples in the trademark law. As AI reduces the human involvement in the product suggestion and product purchasing process, the validity of the traditional trademark law is questioned. Traditionally, trademark is treated as a tool for the source identification and hence the legal protection; but in the modern world, trademark changed its character and is also being used as an effective tool for both the corporate and social communication. Once the machine learning replaces human beings, the aspect of source identification evaporates where they can directly recollect the source by analyzing the data. These are some of the aspects where AI is hitting the trademark law hard. It appears that the trademark law needs to adopt or reform or evolve according to the technological changes, but it is highly impossible to get rid of the trademark law as long as there is an emotional chord between the consumer and the brand.


© 2018 IUP. All Rights Reserved.

Article Price : ? 50

Legal Validity of Bitcoin in India
Kama Raju Chitrapu

In 2008-09, after the subprime mortgage crisis, the governments of several developed countries had to print billions of dollars to bail out banks and insurance companies. Bitcoins, unlike paper currencies, cannot be minted, but can only be mined by bots. Although bitcoin is yet to gain prominence as mainstream currency in India, the technology behind it—the Blockchain technology—has captured the attention of numerous Indian banks. In 2016, ICICI Bank revealed that it successfully executed transactions in global trade finance and remittances using Blockchain technology. Even as developed nations such as Japan and Russia contemplate legalizing the use of bitcoins, India, despite being at the threshold of a digital revolution, is yet to officially recognize the cryptocurrency. However, the biggest impediment that bitcoin supporters perceive to making this currency mainstream is the fact that several nations are treading very cautiously around bitcoin and do not have any concrete regulations governing them. This paper highlights the legal validity of bitcoin in India.


© 2018 IUP. All Rights Reserved.

Article Price : ? 50

River as a Legal Entity: An Analysis in the Light of Mohammed Salim vs. State of Uttarakhand
Sanu Rani Paul

In India, river Ganga is extremely important for Hindus and for those who depend on it for their livelihood. The Government of India has declared river Ganga as the ‘national river of India’ in a bid to prevent the water from getting polluted and to improve the water quality and as a step to instill in the minds of the people the importance of the river. On March 20, 2017, the Uttarakhand High Court, in the case of Mohammed Salim vs. State of Uttarakhand, expressed the utmost expediency to give legal status to rivers Ganga and Yamuna as a living person/legal entity in accordance with Articles 48A and 51A(g) of the Constitution of India. This decision gained wide popularity across the world as India became the second in the world after New Zealand to declare river as a living entity. But despite the popular approval of the verdict, the apex court, in a subsequent Special Leave Petition filed by the Government of Uttarakhand, stayed the order of the High Court. Against this background, the paper highlights the importance of river Ganga in the Hindu mythology. The paper also focuses on the recent judgment by the Uttarakhand High Court on the status of river Ganga and also compares the position of river Ganga with the case of Whanganui river of New Zealand and the rights of nature under Ecuador Constitution.


© 2018 IUP. All Rights Reserved.

Article Price : ? 50

The Impact of Artificial Insemination on the Institution of Family: Legal Nuances
D Srujana

Modern medicine and science have allowed opportunities for conceiving children through invitro fertilization and artificial insemination. Infertility in both men and women can be treated by artificial insemination. However, there are many legal concerns around the issue of artificial insemination. The use of sperm taken from a male other than actual husband and the use of womb of a woman other than the wife lead to many legal questions as regards the status of the child and parents. This is because according to the already existing legal position, only legally wedded wife and husband are treated as parents to children. The laws across the world are fairly inconsistent. Creating a common, consistent and suitable legal system to accommodate the latest medical developments with regard to artificial insemination is the need of the hour across the world. This paper highlights the legal nuances with regard to the impact of artificial insemination on the institution of family.


© 2018 IUP. All Rights Reserved.

Article Price : ? 50

The Dynamics of Corporate Criminal Liability in India
M Srinivas

For a long time, criminal liability of corporations remained a niche and an unaddressed issue. But times have changed and a corporate entity now cannot escape criminal liability for the reason that it has “no soul to damn and no body to kick”. To get over the problem of imputing intention to the company, Identification Approach method was evolved in the UK which considers the intention and act of the senior management of the company as that of the company itself. In contrast, in the United States, the approach has always been to employ the device of vicarious liability. All that is required in the US is that an employee should have committed the offense in the course of employment. However, the law in India has not properly addressed the problem of corporate criminal liability relating to mens rea offenses. Higher judiciary has expressed different opinions in different judgments for the questions like whether a corporation can commit an offense that requires mens rea, and what punishment is to be imposed on the corporation when imprisonment is mandatory? Though the area of law on corporate criminal liability is continuously evolving in India, what is required is the certainty. This paper makes an attempt to analyze the legal systems that deal with the corporate criminal liability in countries like the UK and US, with special reference to India.


© 2018 IUP. All Rights Reserved.

Article Price : ? 50

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