INTERNATIONAL JOURNAL FOR RESEARCH IN LAW

Size: px

Start display at page:

Download "INTERNATIONAL JOURNAL FOR RESEARCH IN LAW"

Neal Woods
5 years ago
Views:

1 INTERNATIONAL JOURNAL FOR RESEARCH IN LAW VOLUME-1 ISSUE-2 ISSN Website-

2 DISCLAIMER No part of this publication may be reproduced or copied in any form by any means without prior written permission of Editor-in-chief of International Journal for Research in Law (Hereinafter referred to as IJRL ). The Editorial Team of IJRL holds the copyright to all articles contributed to this publication. The views expressed in this publication are purely personal opinions of the authors and do not reflect the views of the Editorial Team of IJRL. Though all efforts are made to ensure the accuracy and correctness of the information published, the Editorial Team of IJRL is not responsible for any errors caused due to oversight or otherwise. IJRL, January, 2016, All Rights Reserved

3 EDITORIAL TEAM Editor-in-chief Ayush Jaiswal Executive Editors Ashlesha Srivastava Parth Desai Ankit Agrawal Managing Editors Raghuveer Singh Meena G. Aparajita Akshay Singh Kheriya Editors Richa Soni Prasuna Srirangam Public Relations Manager Priyanka Srinivas Srirangam Editor-in-chief, IJRL, January 2016 Typeset and Printed in India IJRL, International Journal for Research in Law (ISSN ) is a student edited, peer reviewed quarterly publication which focuses on all aspects of law. IJRL aims to facilitate students, teachers, scholars and others interested in the field to write articles on various contemporary issues and current trends in law.

4 Dedicated to Kondapalli Koteswaramma Kondapalli Koteswaramma, ninety five, is well known as the wife of K. Seetharamaiah. She had a significant role to play in India s Independence, in addition to being a part of the Communist Movement in Andhra Pradesh, a Writer and a Cultural Activist. In the harsh conditions of the late forties, she sought refuge from the simmering political heat of the century by going into hiding, deriving strength from her husband. However, fate struck a painful blow when he deserted her, leaving her exposed to the hardships of having to rebuild a life not just for herself but for her grandchildren as well. But hers was a determined spirit and in the face of extreme adversity, she never let life bow her down. Koteswaramma is an epitome of women who can fight relentlessly against the odds and it is her indomitable spirit which inspires us. We hope your beatifications remain upon us, always!

6 CONTENTS- 1. RIGHT TO EDUCATION IN INDIA: A CRITICAL 01 ANALYSIS Abhishek Kumar 2. A COMPARATIVE STUDY OF PATENT OPPOSITION 13 IN U.S., EUROPE, CHINA AND INDIA Vipin Mathur, Dr. B. P. Nagori & Dr. Mahendra Tiwari 3. FREE PRESS THE CORNERSTONE OF A DEMOCRACY 39 Nithya.C 4. RIGHT TO EDUCATION: A PANACEA FOR 54 A LITERATE INDIA Aman Aditya & Shreya Sinha 5. RIGHT TO EQUALITY IN INDIA VIS-À-VIS RESERVATIONS 67 IN FAVOUR OF BACKWARD CLASSES Sanya Bimal 6. HUMAN RIGHT ISSUES TO COUNTER-TERRORISM 81 CHALLENGES AND RESPONSES Ms. Swati Kaushal & Ms. Ishika Kedwal 7. TOGETHER TO END DISCRIMINATION: CHALLENGES 88 FACED BY THE DIFFERENTLY-ABLED PERSON Vivekanand Bhardwaj & Saptarko Biswas 8. AN ANALYSIS OF THE CONCEPT OF COMMERCIAL 96 HARDSHIP IN LAW OF CONTRACTS Siddhant Nanodkar & Divya Tyagi 9. PLIGHT OF A RAPE VICTIM 111 Abhilasha Tiwari 10. ADVERSE POSSESSION; ORIGIN, CONCEPT AND 122 DISCUSSION Nikhil Gangai 11. PREVENTION AND PROHIBITION OF CURROPTION: 137 DRUGS SCANDALS IN INTERNATIONAL SPORTS Akshay Singh 12. WOMEN AND LAW IN INDIA 148 Anu Chaudhary

7 13. SURROGACY AND PROSTITUTION: 159 A COMPARATIVE FEMINIST ANALYSIS Venuka Mehta and Sanjeev Kuchi 14. LIVE IN RELATION: A NEED FOR CODIFICATION 168 IN THE PLIGHT OF SUFFERERS AND JUDICIAL ACTIVISM IN INDIA Harpal Parmar and Hitendra Parmar 15. POSITION OF DIRECTORS UNDER NEW 184 COMPANIES ACT, 2013 Abhishek Bhardwaj & Ojasvi Sharma 16. CRITIQUE OF POZZOLI CASE (INVENTIVE STEP TEST) 195 AND COMPARISON WITH INDIAN LAW Madhulika Mishr 17. BIO-PIRACY IS A THREAT TO BIOLOGICAL DIVERSITY 209 Bandita Sengupta 18. ASYLUM-SEEKERS 227 Ayushman Kacker 19. CONCEPT OF INTELLECTUAL PROPERTY LICENSING 244 IN INDIA Nidhi 20. TEST OF REASONABLE CLASSIFICATION UNDER 269 ARTICLE 14 OF THE INDIAN CONSTITUTION Mansi Swarup & Arpit Srivastava 21. THE PROTECTION OF WOMEN FROM DOMESTIC 285 VIOLENCE ACT USE OR MISUSE Prabhav Ralli & Agrim Arora 22. EQUITY IN INTERNATIONAL LAW 296 Medha Manoj 23. AN APPRAISAL OF THE AMENDMENTS TO THE 308 ARBITRATION AND CONCILIATION ACT Ravin Kapur & Ashita Alag 24. NON USE OF TRADEMARKS IN INDIA AND U.S. 326 A COMPARATIVE STUDY Shilpika Pandey

8 25. ANALYSIS AND HARMONIZATION OF THE GAAR WITH 342 THE EXISTING SAARS Sandeep Mukhopadhyay & Sanjog Mishra 26. CONTEMPORARY EPOCH OF DOCTRINE OF PROTECTIVE 356 DISCRIMINATION: POLITICO-LEGAL JURISPRUDENCE Ajay B. Sonawane 27. PORT SECTOR: AN UPCOMING ANTI-COMPETITIVE 367 HORIZON AND WHY INDIA NEEDS TO WORRY Shuchi Singh & Ikleen Kaur 28. DIFFERENTIATED RESPONSIBILITIES FOR THE 379 THIRD WORLD: BALANCING DEVELOPMENT AGAIINST CLIMATE CHANGE Aishwarya Jain & Sneha Ghosh 29. DIPLOMATIC IMMUNNITY: USE OR ABUSE 396 Pradeep Singh Khichi & Pratyushi Mehta 30. ANALYSIS OF THE CIVIL LIABILITY FOR NUCLEAR 410 DAMAGE ACT, 2010, SPECIAL REFERENCE TO S.17 Oyshee Gupta & Suhaas Arora

INTERNATIONAL JOURNAL FOR RESEARCH IN LAW

INTERNATIONAL JOURNAL FOR RESEARCH IN LAW VOLUME-1 ISSUE-1 ISSN- 2454-8715 E-mail- ijrl.editor@gmail.com Website- www.ijlr.in DISCLAIMER No part of this publication may be reproduced or copied in any form