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INDIAN JOURNAL OF
LEGAL RESEARCH AND REVIEW

Volume I Issue III

( Aug-Sep 2023 )

BOMBAY HIGH COURT: DEVELOPERS SHALL BE HELD ACCOUNTABLE FOR DEFAULT IN PAYMENT OF TRANSIT COMPENSATION

Nirali Yash Desai, Real Estate Lawyer working with Damji Shamji Shah Group, (in-house legal department), Mumbai.

Page: 01-04; Month: August

DOI:

10.5281/zenodo.8275523

ABSTRACT: The Bombay High Court bench was hearing a petition concerning the payment of the transit compensation which according to the petitioners, the builders had defaulted on. The said the petition was filed by the residents of a composite redevelopment project in South Mumbai who had vacated their old premises 7 (seven) years ago and were aggrieved and distressed at the builders failure and/or default in paying the transit compensation to them. The bench upholding the importance of the timely payment of transit compensation to the residents/tenants in the matters of redevelopment and further observing that the builders had failed to comply with their obligation pertaining to the same, terminated the NOC given to the builder and accordingly authorized the Maharashtra Housing and Area Development Authority (for short, “MHADA”) to issue a formal letter of cancellation........................ read more

BETWEEN THE SHEETS: UNRAVELING INDIA'S SEX WORK - NAVIGATING LEGALITY AND MORALITY

Gaurika Verma, Vivekananda Institute of Professional Studies, GGSIPU, Delhi

Page: 05-14; Month: September

DOI:

10.5281/zenodo.8310911

ABSTRACT: This research paper delves into the complex and contentious issues surrounding the legality and morality of sex work in India, examining its current legal status and exploring its societal importance. The study juxtaposes the Indian context with that of other countries to highlight the contrasting approaches towards sex work regulation and the diverse perspectives on its moral implications. In India, the legal framework surrounding sex work is multifaceted and varies significantly from state to state. Historically, sex work has been stigmatized and associated with criminal activities, often leading to the marginalization and exploitation of sex workers. However, recent developments have sparked discussions on the decriminalization and regulation of the industry, with proponents arguing for improved rights, protection, and health services for sex workers. This paper critically assesses these legal perspectives and their impact on the lives and dignity of sex workers. The research also sheds light on the complex interplay between legality and morality in the Indian societal context........................ read more

CROSS-BORDER TRANSACTIONS

Ishmeet Singh Bhatia, Vivekananda Institute of Professional Studies, GGSIPU, Delhi

Page: 15-36; Month: September

DOI:

10.5281/zenodo.8351602

ABSTRACT: Cross-border transactions have become more and more popular around the world. However, the current cross-border transactions still have risks and challenges, e.g., differences in regulation policies and unbalanced profits of banks. All things considered, as per a new PwC report, India is the biggest market for internal settlement stream across the globe, at around $83 billion. In this paper, I have discussed the landscape of cross-border payments in India and its historical background and why are cross-boundary payments significantly more troublesome than homegrown payments. I have also researched blockchain technology for cross-border payments. Research Methodology adopted by the researcher to carry out his research work is conceptual research. To re-examine the concept of cross-border transactions and observe and interpret the already present information on the topic......................... read more

FROM LAST WORDS TO LEGAL EVIDENCE: THE SIGNIFICANCE AND LEGAL IMPLICATIONS OF DYING DECLARATION

Jiya Sachdeva and Shruti Gupta, Vivekananda Institute of Professional Studies, GGSIPU, Delhi

Page: 37-47; Month: September

DOI:

10.5281/zenodo.7830726

ABSTRACT: Dying declarations, the final utterances of individuals facing imminent death, are a cornerstone of our legal system. Rooted in history and fortified by legal principles, they offer invaluable insights into a person's passing. However, their admission hinges on factors like mental capacity, corroborative evidence, and absence of contradictions. These declarations are more than words; they are beacons of truth, often pivotal in solving serious crimes. In modern criminal justice, they've played crucial roles in high-profile cases, delivering justice to victims and their families. Dying declarations uphold justice, truth, and fairness, ensuring that the voices of the departed are heard and respected in life's most dire moments.......................... read more

REFORMS TO THE TRANSPLANTATION OF HUMAN ORGANS AND TISSUES ACT, 1994

Disha Sisodia, Vivekananda Institute of Professional Studies, GGSIPU, Delhi

Page: 48-55; Month: September

DOI:

10.5281/zenodo.8415087

ABSTRACT: The enactment on the transplantation of human organs covers the procedure from removal, storage and transplantation of organs and tissues. The rising health failures have created a hike in the demand for organs and tissues to save lives. The ambit of the law is very wide and covers various definitions, procedures, eligibility, and penalties, but why does it still suffer from infirmities itself?From its year of enactment in 1994 until now major objectives of the act stand largely unfulfilled. With the passage of time and the gravity of the situation has changed the objectives have again transformed themselves into challenges. The establishment of authorities doesn’t suffice for the fulfilment of objectives and streamlining the efficiency of the process. The paper covers proposed reforms which should be holistically implemented to enhance organ availability and strengthen the process without further delays. The utmost need to spread information, education and proper propagation of the provisions of the act is pending. This shouldn't be the last option for a family to consider but plan post-death or if someone wishes to make a living donation to save another life without harming or causing detrimental effects to oneself........................... read more

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