INTERNATIONAL JOURNAL FOR RESEARCH IN LAW

Transcription

1 INTERNATIONAL JOURNAL FOR RESEARCH IN LAW VOLUME-1 ISSUE-1 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, October, 2015, 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, October 2015 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 Kondapalli 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!

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6 CONTENTS- 1. BOOK REVIEWMALCOLM N. SHAW QC. 1 INTERNATIONAL LAW Astha Tripathi 2. ARTICLE ON INTERNATIONAL CRIMINAL TRIBUNAL 8 FOR FORMER YUGOSLVIA AND THE AD HOC MECHANISM Mr. Suvrat Bahuguna & Ms. Tanya Raizada 3. CASE COMMENT ON- LIBYAN ARAB JAMAHIRIYA V. 21 UNITED KINGDOM (LOCKERBIE CASE) Mr. Suvrat Bahuguna & Ms. Tanya Raizada 4. PANCHAYATI RAJ; THE PROGENITOR OF INDIAN 25 GOVERNANCE Shubham Raj 5. JUVENILE JUSTICE: CHANGING SCENARIO 34 Debajyoti Saha & Saurav Das 6. EMERGENCY IN THE INDIAN CONSTITUTION 45 Prakhar Sharma 7. HUMAN RIGHTS OF WOMEN PRISONERS: 56 MYTH OR REALITY-AN INDIAN PERSPECTIVE Shreya Jasoria & Surbhi Karwa 8. RIGHT TO DIGNITY: ELDERLY ABUSE IN AN 74 ERA OF SOCIAL PROGRESS AND URBANISATION A CRITICAL APPROACH TO THE PREVAILING PROBLEM Ankita Pandey & Gabriel 9. SAHARA S CORPORATE GOVERNANCE: A 86 DEMYSTIFIED OXYMORON Neha Joshi & Prakhar Dua 10. SEXUAL HARASSMENT AT WORKPLACE: 104 FROM VISHAKA TO TEJPAL Neha Joshi 11. COMPARITIVE ANALYSIS OF INSOLVENCY LAWS 121 IN INDIA, UK AND US Ankit Sareen & Arpit Choudhary

7 12. SEPARATION OF POWERS 136 Ketan Naik & Vanshika 13. INTERNATIONAL ENVIRONMENT LAW 156 AND FREE TRADE Vanshika & Anushri Goenka 14. WORLD S MOST GENEROUS WATER SHARING 168 PACT: THE INDUS WATER TREATY Nikita Chaudhary 15. CASE COMMENT ON INDRA SARMA VERSUS 174 V.K.V SARMA (2013) 15 SCC 755 Hitakshi Mahendru 16. RATE OF DIVORCE AND NEED OF 182 UNIFORM CIVIL CODE Jayesh Mali & Jay Kishor Barot 17. Case Comment- RAMESHCHANDRA RAMPRATAPJI 190 DAGAVERSUS RAMESHWARI RAMESHCHANDRA DAGA (AIR 2005 SC 422) Sameer Avasarala & Aditya Kaithal 18. TOXICOLOGY REPORT- AN IOTA OF 198 COMPARATIVE STUDY BETWEEN INDIA & USA T.S.R. Praneetha 19. COMPENSATORY AND RESTORATIVE JUSTICE 213 TO THE VICTIMS OF RAPE Parul Sharma & Shweta Sharma 20. CLASS ACTION SUITS AND MINORITY 225 SHAREHOLDERS Kavita Chawla 21. TYPES OF SUITS AND CLAIMS UNDER MOTOR 236 VEHICLES ACT Yash Lahoty 22. JURISDICTIONAL CLAUSE IN INTERNATIONAL 244 COMMERCIAL CONTRCATS Simran Chugh & Pulkit Rastogi

8 23. THE RIGHTS AND STATUS OF WOMEN IN 253 INDIAN MULTICULTURAL SOCIETY Ritu Chaubey 24. THE PRESENT DAY LEGAL REGIME ON 271 CULTURAL PROPERTY PROBLEMS AND SOLUTIONS Aditya Vora