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Emerging Dichotomy of Migrants: Environmental Refugees

Anchal Mittal

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Practice to preserve the environment and embody sustainable development has become a contemporary concern globally. Environmental issues and concerns not only affect the current population but pose threat to coming generations. Forms of environmental ramifications have germinated modern class refugees categorized as Environmental Refugees. Various nations are contemplating and revisiting the classification of refugees, but it requires more serious and uniform structuring. Moreover, the environment being the chief concern in coming years States needs to evaluate its impact on all aspects. The concept of Environmental Refugees emerged within the UN system and gained relevance after the Stockholm Conference, 1972. However, in 1948 the Universal Declaration of Human Rights came up with fundamental human rights protected universally. This declaration cited human rights for people seeking asylum under Article 14. The Universal Declaration of Human Rights Article 14 clause (1) the provides right to seek asylum from persecution in other countries precluding prosecutions genuinely arising from non-political crimes or contrary to the principles of the United Nations. Under the Universal Declaration of Human Rights, the conditions to seek asylum is restrictive in nature. Subsequently, the United Nations High Commissioner for Refugees was formed in 1950. The core convention to protection international refugee i.e. the United Nations Convention dealing with the status of refugees was adopted in 1951. The convention has been subject to only one amendment known as the 1967 Protocol, which primarily removed the geographic and temporal limits. Although, amendments are essential to redefine the concept classification, recognition of refugee and its implication. The convention is silent on environmental refugee; this has been impressed by various authors and scholar dispositions. This is a global issue needs to be addressed with greater enthusiasm and legal brainstorming. The regulations, law and the international conventions and practices need to abreast with emerging global issues and concerns. The work intends to bring to surface issues pertaining to environmental refugees and the host country.

Right to Die � A Blessing or A Curse

Drishti Miglani

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Our Indian Constitution provides a long list of various fundamental rights under Part-III. Article 21 is considered as one of the most important fundamental rights dealing with the Protection of Life and Personal Liberty. According to Article 21, �No person shall be deprived of his life or personal liberty except according to the procedure establish by the law�

The Vodafone Case: A Critical Analysis

Harsha Agrawal

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The Indian Constitution provides that no tax will be exacted or gathered except by the authority of law. Any necessary exaction of money by Government results in imposition of tax which is not allowed except by or under the authority of statutory provisions. The adequacy of tax related statues relies upon the methods through which understanding is embraced as it open to legal interpretations where the technicalities are not an easy breakthrough. The Vodafone case had been covered in ambiguity till 2012. Thereafter, a new development after some point prompted the fight in court between the Indian Income Tax Department on the one side and Vodafone on the other for the cosmic figure of Rs. 12,000 Crores which caused a stir of numerous business in India. The present article talks about the significance and source of 'Capital Gains Tax' and its pertinence to Vodafone. Furthermore, the article compares the different provisions as to Capital Gain Tax under the Income Tax Act, 1961 by analyzing its applicability and complexities also bringing into spotlight the various loopholes in the Vodafone case. Since Vodafone is an instance of a lot importance from the perspective of Corporate Law, Investment Law, Arbitration Law and Tax Law, the article also deals on these wide understandings and points of view on Vodafone. Lastly, the article would also deal with remedies and recommendations for the better application and usage of CGT under Tax laws and changes or new consolidations to the provisions of CGT under the IT Act if required.

An Unreasonable Intrusion upon Person�s Seclusion

MeghaSood, Harinder Birring

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E-phase in the growing era has boosted the profitability with the stronger control in every high-tech field. Technological innovations have evinced to be a caster, which has paved the way for accorded fields of law such as:- to flourish at the height of seven skies. Artificial governance with the technological assistance has known to be an intelligence hub, containing large number of resources to embrace every digital disruption head on. This paper will glare upon how this vaunt web has haltingly reached at the verge of selvage leading to the emanation of Data Privacy in cyberspace along with the National Security of the Nation. This paper will reflect the paradigms which are the glared matters of the daily headlines. Lovely Professional University, Phagwara, District Kapurthala, Punjab, Email- [email protected]. [email protected] This paper brings into the limelight the way, how contemporaneously the development in the legal profession has managed to ante-up a stout blow to the efficacy of Intellectual Property Laws. The fabric of technological connectivity in 21st century has broadened and enrooted self-moving, self-regulating followed by self-starting adequacy of every individual. Growing rate of crimes has ruined the civil liberties of the dwellers of each & every vicinity. Lastly this paper reveals such the risk which is always coupled with digitalization being at the crux of such advancements are impeding the credibility of the nation, once the plausibility is destroyed the society will becomes vulnerable to the crimes impeding the suave liberty of the individual in the society. So to curb the bolt of such inter connectivity an embankment comprising of legal framework is required to be used as security tool which sequentially safeguards the rights & interests of the clan at large.

Essentiality of Provisional Jurisdiction under the Code Of Criminal Procedure, 1973: A Compendious Analysis

Ritwik Sharma

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The basic premise of the research is to understand the necessity of the revisional jurisdiction exercised by the criminal courts under the Code of Criminal Procedure, 1973. Over the years, the courts have managed to widen their powers to provide an alternate remedy to the aggrieved parties and the power of revision is one such remedy. Section 397 to 405 of the Code provides for the revisional powers of the criminal courts. The research aims to understand the working of the revisional jurisdiction in the Court of Session and the High Court. Further, the research underlines the powers of the inferior courts and the High Court to examine the records of cases. Another object of the research is to comprehend the applicability of legal principles like audi alterem partem with respect to the revisional jurisdiction of the courts. Moreover, the research examines the basic difference between an appeal and a revision application. Finally, the research concludes stating the essentiality of having revisional jurisdiction. The Courts, over the years, have managed to uphold its efficacy through multiple verdicts which have in turn provided a platform to the aggrieved parties to seek an alternate remedy.

Constitutionality of the Reserve Bank of India Circular Dated Feb 12, 2018- An Analysis of the Supreme Courtdiscernment

Riya Gulati

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The case note will analyse the Supreme Court�s verdict on the constitutionality of the Reserve Bank of India Circular dated Feb 12, 2018. It will provide the gist of February 12, 2018 Circular by focussing on the facts, issues and judgement of the case. It will also summarize Sections 35AA and 35AB of the Banking Regulation Act.

The Genesis of Us-China Trade War: Analysis of United States- Sections 301-310 of the Trade Act of 1974

Saket Agarwal

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The year of 2018 caused much upheaval in the arena of international law especially the trade law. But the news which grabbed the eye-balls was the US-China trade war. This was nothing but reciprocal actions from both sides to increase the tariff in order to protect the respective domestic concerns and an attempt to disrupt the trade of opposite country. This combat started with the US threatening to raise tariff against the Chinese products. The statutory framework behind this move of US was the Trade Act of 1974 of US. The sections from 301-310 empower the trade representative of US to take unilateral actions against countries causing harm to the interests of US, irrespective of the results of dispute resolution proceedings. The aim of this research is to analyze the DS-152 case in which the legality of the abovementioned provisions was assessed.

Keep Calm and Talk about Obstacles for Lawyers

Shraddha Shrivastava

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Economic downturns will always hold sway over a wide range of professions. From doctors to automobiles manufacturing companies CEO�s these people realize that the economy can dictate their business outcome not only from quarters to quarters but from year to year. So how can lawyers deal with economic downturns? Easy, a lawyer only needs to concentrate of the following areas of practice. In July 2009, the longest-recorded US economic expansion this summer is set to surpass the expansion that followed the 1990-91 Recession. Following the successive of 2008-13 the prosperity on International law firms. Since 2016, revenue and profitability growth rates have been routinely doubled, fuelled by corporate activity, M&A and a glut of regulatory work. But like any business, as the potential for another recession is looming, law firms may look at the year ahead with someone trepidation

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