Justice and Law Bulletin https://www.apricusjournals.com/index.php/jus-l-bulletin <p>Justice and Law Bulletin (JLB) is published by Apricus Journals, an imprint of Apricus E-Learning Solutions Pvt. Ltd.. It is a tri-annual, peer-reviewed, open-access Journal published in English. Published three times a year, the Justice and Law Bulletin brings out Book Reviews, Research Papers, Review Papers, Case Studies and Short Communications by scholars, academicians and professionals. The focus and scope of the Journal corresponds to all topics related to Law, Constitution and Jurisprudence.</p> <p> </p> en-US law@apricuspublishers.com (Apricus Journals, an imprint of Apricus E-Learning Solutions Pvt. Ltd., B- 403, Aishwaryam, Greater Noida, Uttar Pradesh- 201308, India) editorial@apricuspublishers.com (Apricus Journals, an imprint of Apricus E-Learning Solutions Pvt. Ltd., B- 403, Aishwaryam, Greater Noida, Uttar Pradesh- 201308, India) Tue, 27 Feb 2024 14:29:05 +0000 OJS 3.3.0.7 http://blogs.law.harvard.edu/tech/rss 60 Legal Control of Industrial Pollution in India https://www.apricusjournals.com/index.php/jus-l-bulletin/article/view/169 <p><em>Human beings are very progressive in nature and to make life easy, they always try to do something new. We developed industries to make our work easy and for the Development of the nation as well. Industrial growth is making work easy and at the same time contributing further to environmental pollution. In India, industrial pollution is a great problem that needs the attention of the people relating to the industry. Industrial pollution must be stopped by any means to the extent possible for the protection of the environment because it is essential to guard our environment against various setbacks. Industrial pollution is badly affecting the environment at the present time. Therefore, in this research, it has been tried to cover the causes and effects of industrial pollution and its legal control.</em></p> <p><em> </em></p> Dr. Prashant Kumar Srivastava Copyright (c) 2024 Justice and Law Bulletin https://www.apricusjournals.com/index.php/jus-l-bulletin/article/view/169 Tue, 05 Mar 2024 00:00:00 +0000 No Borrower Can Take Advantage of OTS Scheme as a Right: A Case Study of Bijnor Urban Cooperative Bank Limited vs. Meenal Agarwal & ors. 2021 https://www.apricusjournals.com/index.php/jus-l-bulletin/article/view/117 <p><em>One-time settlements give borrowers the chance to pay off their outstanding obligations with lenders for a lower sum and are frequently employed in the lending sectors. But it's important to realise that borrowers don't necessarily have a claim to such settlements. The main determinants of a borrower's capacity to negotiate and get a one-time settlement are examined in this abstract. Clarifying the idea of one-time settlements and their importance in debt resolution is the first step in the examination. The structure governing these settlements is then discussed, highlighting the fact that borrowers must adhere to strict requirements established by lenders or organisations. If a one-time settlement is possible, it depends critically on the borrower's status, the lender's policies, and the type of debt. This abstract also examines the lender's viewpoint, stressing their reasons for providing one-time settlements, including risk reduction and quicker fund recovery. It also clarifies the negotiation process and the significance of openness and honesty in forging agreements that benefit both parties. In conclusion, this abstract emphasises that while one-time settlements may be a good way to reduce debt, borrowers are not automatically entitled to them. To successfully negotiate a one-time settlement, borrowers must be well-informed, responsible, and ready to engage in serious negotiations with their lenders. Borrowers who want to successfully negotiate the debt resolution procedure must comprehend the dynamics of one-time settlements.</em></p> Dr. Monika Jain Copyright (c) 2024 Justice and Law Bulletin https://www.apricusjournals.com/index.php/jus-l-bulletin/article/view/117 Wed, 28 Feb 2024 00:00:00 +0000 Print Media v/s Electronic Media: A Need for Introspection https://www.apricusjournals.com/index.php/jus-l-bulletin/article/view/170 <p><em>The media industry has seen significant changes over the past few decades, with the rise of electronic media challenging the dominance of traditional print media. Print media, which includes newspapers, magazines, and books, has been around for centuries and has been the primary source of news and information for many people. Electronic media, on the other hand, has seen a dramatic increase in popularity with the rise of social media, online news websites, and streaming platforms. In this research paper, we will explore the advantages and disadvantages of print and electronic media and consider how they have impacted society and the media industry. The comparison between print media and electronic media is an interesting and ongoing debate in the media industry. While both forms of media have their advantages and disadvantages, it is important to consider the impact they have on society and whether they are meeting the needs of their audience. Print media, such as newspapers and magazines, has been around for centuries and has traditionally been the main source of news and information for many people. It is tangible, portable, and easy to read. Print media has a long history of credibility and reliability, with many readers trusting the information that is presented to them. Electronic media, on the other hand, has exploded in popularity in recent years with the rise of social media, online news websites, and streaming platforms. Electronic media is accessible from anywhere with an internet connection and can reach a vast audience quickly. While electronic media has its benefits, such as instant access to breaking news and the ability to interact with others online, it also has its drawbacks. There is a growing concern over the spread of misinformation and fake news online, and the algorithms used by social media platforms can create filter bubbles that limit the diversity of news and information that people are exposed to.</em></p> <p> </p> <p> </p> Mr. Koneru Tatikonda Copyright (c) 2024 Justice and Law Bulletin https://www.apricusjournals.com/index.php/jus-l-bulletin/article/view/170 Tue, 27 Feb 2024 00:00:00 +0000 Article 142: A Directive for Constitutional Justice https://www.apricusjournals.com/index.php/jus-l-bulletin/article/view/155 <p><em>The Indian Constitution provides us with a certain number of Fundamental Rights, which under ordinary circumstances, cannot be vitiated or meddled with. It also prescribes various principles like that of separation of powers, which provides distinct authorities to consolidate the fact that all the three organs of the government, more or less, function separately to ensure complete justice to all the citizens of India. One such authority provided to the Union judiciary, i.e. The Supreme Court of India, is that of Article 142. This Article, therefore at its core, aims to provide the statutory meaning and importance to the apex court. It also sheds light on the situations where the Supreme Court can exercise its jurisdiction under this Article, and how Article 142 has undergone development over the course of time. Lastly, it aims to highlight the drawbacks in the implementation of Article 142 and answer its constitutional validity.</em></p> Ms. Moniska Dutta Copyright (c) 2024 Justice and Law Bulletin https://www.apricusjournals.com/index.php/jus-l-bulletin/article/view/155 Wed, 28 Feb 2024 00:00:00 +0000 NCLT & NCLAT have the Ability to Recall Orders: Legal Showcase https://www.apricusjournals.com/index.php/jus-l-bulletin/article/view/115 <p><em>Laws pertaining to consumer protection are crucial to contemporary business and trade. These rules are intended to safeguard customers from being regarded with suspicion, unfair, and unjust corporate practices. The National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT) are discussed in this essay. This paper is primarily concerned with the value of the NCLT and NCALT in resolving business-related conflicts. The constitutionality of the NCLT and NCLAT provisions is a topic covered in this paper, which also includes a number of important rulings from the Supreme Court and High Courts on the subject. This paper discusses how the National Company Law Tribunal, National Company Law Appellate Tribunal (NCALT), and National Company Law Tribunal were well-known in accordance with The Companies Act of 2013. This paper also considers the influence of NCLT and NCLAT constitution on corporation law litigation. In addition to discussing NCLT's helpfulness and role in settling business conflicts, this essay also addresses the appearance of authorized representatives before NCLT. The purpose of this essay is to describe the authority and purview of NCLT. This essay also makes an effort to explain concepts like the insolvency resolution process, petitions from corporate debtors and operational creditors, declarations of moratoria, time limits, and termination orders, as well as undervalued transactions and more than a few defaults and to talk on the subject of a combine Supreme Court and High Court judgment.</em></p> Dr. Monika Jain Copyright (c) 2024 Justice and Law Bulletin https://www.apricusjournals.com/index.php/jus-l-bulletin/article/view/115 Thu, 29 Feb 2024 00:00:00 +0000 AI-Generated Works: Copyright Ownership https://www.apricusjournals.com/index.php/jus-l-bulletin/article/view/171 <p><em>Generative AI systems have taken over the world at a raging rate. While loads of content are being produced online by generative AI tools such as ChatGPT using existing works that are a subject of copyright, there has been a sudden rise in disputes regarding the question of who would be the rightful owner of a copyrighted work generated after AI machine learning from existing sources. While the jurisprudence for copyright ownership of compilations and the ‘Sweat of the Brow’ doctrine was laid down by the US Supreme Court in Feist Publications, Inc. v. Rural Telephone Service Co., the answer to ownership of AI-generated works is not that simple. The doctrine says that one who spends even a minimal degree of effort and creativity coming from oneself to create a new work on the basis of existing works becomes the rightful owner of the ‘compilation’. However, with AI, there are several inherent problems that hinder it from being eligible to be a copyright owner of works generated by it. In this article, the author has discussed in detail the reasons why AI cannot be the rightful copyright owner of works generated by it.</em></p> <p><em> </em></p> Ms. Debarati Pal Copyright (c) 2024 Justice and Law Bulletin https://www.apricusjournals.com/index.php/jus-l-bulletin/article/view/171 Wed, 28 Feb 2024 00:00:00 +0000