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Arbitrability of Art Disputes in India: A Critical Appraisal

  Name – Aaloka Dhanyamraju College - Jindal Global Law School Introduction Post liberalisation and globalisation, there has been a sustained increase in the high-net-worth individuals with immense purchasing power. Art has emerged as an asset class similar to stocks and other investments.  A surge in online auctions has also contributed to the growth and expansion of the art market in India. The global art market was estimated to reach a turnover of USD 195-260 million in the 2020s and the Indian art market is also expected to grow significantly. Works by Indian artists are now fetching soaring prices at auctions. Recent instances are paintings by Amrita Sher Gill and V S Gaitonde selling for sums as high as 27.8 crore and 39.9 crore. Auction houses such as Saffron Art, Bid and Hammer and many others have started making their presence felt in the Indian market. However, as per a 2018 report by FICCI & KPMG the Indian Art Industry is afflicted by many legal ambiguities, forgery, an

Impact of Globalization on Legal Profession

  Author: Rahul Gour, BML MUNJAL UNIVERSITY, Gurugram [email protected]    INTRODUCTION  Globalization is causing a fundamental transformation in the legal profession. Many countries are active in the legal profession, and there is also excess to the domestic economies as a result of globalisation. Globalization has wrought significant changes in the instruction of law students, the training of advocates, and the honing of advocates' professional abilities to address the problems posed by globalisation and the universalization of law. The legal industry's standard has risen, and lawyers must now be competent in addressing a wide range of cases. Political globalisation, economic globalisation, and technological globalisation are the three main drivers of globalisation. Globalization draws individuals from all over the world closer together, resulting in a new system of global governance as well as a global civil society. The legal profession has been affected by globalis

Implications of cheque bounce in India

  Author:  Preeti Khandelwal What is Cheque bounce?  A cheque is said to be bounced if the cheque written by the issuer is bad due to some technical reasons or mismatch of signature or due to insufficient fund in the account, hence not processed by the bank then cheque is returned or dishonoured. Cheque bounce is a serious offence. The complaint for the cheque bounce is file under section 138 of Negotiable Instrument Act,1881.     Supreme Court on pending of cases under the N.I Act    The Supreme Court said that, the pendency of the proceedings in cheque bounce cases and the multiplicity of complaints in which a cause of actions arising from one transaction is litigated has dampened the ease of doing business. SC also directed that nature of offence under section 138 of NI act which relates to dishonour of cheque is quasi criminal and the purpose of the enactment is to provide security to creditors and instill confidence in the banking system of the country.(https://economictimes.india

Everything you need to know about trademark infringement and its types

  Author: Aman Bhola, Trinity Institute of Professional Studies INTRODUCTION There has been high industrial growth worldwide, which has spurred the use of intellectual property development worldwide. According to a recent report by WIPO (world intellectual property organization), there has been a rise in the filing of trademark forms by 13.7 %. Intellectual property is an incentive system that protects innovation and authorship work from being used illegally without the maker's permission. The trademark is part of intellectual property whose primary function is to incentivize the owner and protect the consumer.   A trademark is the exclusive rights or, in layman’s language, an "Identification mark" of a service/ product, which makes it distinct for people who expect a certain quality when using these services/products and protects them from any illegal use of the mark.   According Section 2(1)(i)(viii)(zb of trade mark act   “trade mark” means a mark capable of being repr

The Role Of Cyber Law In Cyber Security

  Author:Yash Gupta, Amity University, Noida The Role Of Cyber Law In Cyber Security INTRODUCTION  The computer-generated environment of the internet is usually referred to as cyberspace, and the laws that control or are in effect in this realm are referred to as cyber laws or IT laws. All users of this cyberspace are subject to these laws because they have global jurisdiction. When illegal or unauthorised access to data or access to a computer or other device occurs, it is referred to as cybercrime. Cybercrime is on the rise, and this encompasses fraud, abuse, and gadget misuse. In India, cyberlaw is not a separate legal framework, rather it's an unique composition consisting of contract, intellectual property, data privacy, and data protection. With computers and the internet infiltrating every part of our lives, Strong foundation for cyber laws are required. Information, software, information security, e-commerce, and monetary transactions are all governed by cyber laws.  "

PROTECTION FOR CHILDREN AGAINST ABUSE AND NEGLECT

  Author: Monisha Parida, Kiit School Of Social, Financial And Human Science [KIIT UNIVERSITY]   INTRODUCTION Children are future of our country. It is very important for an country to have strict as well as proper rules and regulation for the protection for children against abuse and neglect. Even though there was low rate of crimes, abuse and exploitation but at today it have increased drastically. Due to all such illegal activities against children, there is high chances that our future generation have to go through with lots of problem. To make sure that our future generation do not live in dangerous and criminal environment our government have pass many laws for the protection of children. For the protection of children against sexual abuse laws have been passed in India.   This law has been in-acted in India as the part child protection policies in India. Every laws which are been enacted in India or have been passed in India are meant to protect children from sexual abuse and ha

POCSO- It's need and relevance in India

  Author: Animesh Nagvanshi, Institute of Chartered Financial Analysts of Indian University, Dehradun   Background History/Need for Act India has one of the largest populations of children in the world – Census data from 2011 show that India has a population of 472 million children below the age of 18 years. Protection to children by the state is guaranteed to Indian citizens by an expensive reading under Article 21 of the Indian Constitution and also mandated given India’s status as a signatory to the UN Convention of the Rights of the POCSO Act. Before the introduction of POCSO Act, 2012, the sole legislation in India that aimed at protecting the rights of a child was the Goa’s Children’s Act 2003. Child Abuse was prosecuted under the Sections of Indian Penal Code such as 354 for outraging the modesty of a women, 375 for Rape and 377 for unnatural offences. Introduction Protection of Children from Sexual Offences Act, 2012 (POCSO, 2012) is comprehensive law enacted with the objective