INTERNATIONAL JOURNAL FOR LEGAL RESEARCH AND ANALYSIS

“SMOKING LAWS IN INDIA” - A STEP TOWARDS A TOBACCO-FREE FUTURE BY - ANIKET DAGAR

Authors: ANIKET DAGAR

Registration ID: 105682 Published Paper ID: IJLRA5682

Year : June -2023 | Volume:II | Issue: 7

Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id: aniketdagar005@gmail.com

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RIGHTS OF VICTIMS IN CRIMINAL JUSTICE SYSTEM BY - RADHA VASANT SHELKE

Authors: RADHA VASANT SHELKE

Registration ID: 105681 Published Paper ID: IJLRA5681

Year : June -2023 | Volume:II | Issue: 7

Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id: radhashelke305@gmail.com

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“DIGITAL PIRACY VIS-A-VIS ENTERTAINMENT INDUSTRY: A COPYRIGHT PERSPECTIVE” BY - MANSI VERMA

Authors: MANSI VERMA

Registration ID: 105680 Published Paper ID: IJLRA5680

Year : June -2023 | Volume: II | Issue: 7

Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id: Mansi.verma1610@gmail.com

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RESEARCH PAPER ON THE STATEHOOD STATUS OF PALESTINE THROUGH THE LENS OF THE MONTEVIDEO CRITERIA OF STATEHOOD AND PRE - TRIAL CHAMBER (PTC): Shreya Chaudhary & Sravishtha T

Authors: Shreya Chaudhary & Sravishtha T

Registration ID: 105687 Published Paper ID: IJLRA5687 & IJLRA5688

Year : June -2023 | Volume: 2 | Issue: 7

Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id: 19jgls-shreya.c@jgu.edu.in & 19jgls-sravishtha.t@jgu.edu.in

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A STUDY ON DRUG ABUSE AMONG TEENAGERS WITH CAUSES AND EFFECTS BY - AISHWARYA SINGH

Authors: AISHWARYA SINGH

Registration ID: 105686 Published Paper ID: IJLRA5686

Year : June -2023 | Volume: 2 | Issue: 7

Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id: singh.twinkle1996@gmail.com

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REHABILITATION AND REFORMATION OF JUVENILES IN CONFLICT WITH LAW IN INDIA: BY: DR. SOUVIK CHATTERJI, ANKAN BASU & SAMRAT SAMADDAR

Authors: DR. SOUVIK CHATTERJI, ANKAN BASU & SAMRAT SAMADDAR

Registration ID: 105679 Published Paper ID: IJLRA5679, IJLRA5689 & IJLRA5703

Year : June -2023 | Volume: 2 | Issue: 7

Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id: dr.souvikchatterji@jisuniversity.ac.in, ankanbasu1971@gmail.com & sammysamrat2001@gmail.com

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IMPACT OF E-COMMERCE ON BANKING SYSTEM BY - VAISHNAVI SHIRGUPPI

Authors: VAISHNAVI SHIRGUPPI

Registration ID: 105678 Published Paper ID: IJLRA5678

Year : June -2023 | Volume: 2 | Issue: 7

Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id: shirguppivaishnavi@gmail.com

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ENFORCEMENT FOR THE PROTECTION OF WHALES, CONCERNING THE INTERNATIONAL CONVENTION FOR THE REGULATION OF WHALING. BY - MONISH CHERIYADTH PURUSHOTHAM

Authors: MONISH CHERIYADTH PURUSHOTHAM

Registration ID: 105677 Published Paper ID: IJLRA5677

Year : June -2023 | Volume: 2 | Issue: 7

Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id: monishcp007@gmail.com

Page No :18 | No of times Downloads: 0065

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WOMEN’S RIGHTS AT WORKPLACE BY- ISHA JAIN

Authors: ISHA JAIN

Registration ID: 105676 Published Paper ID: IJLRA5676

Year : June -2023 | Volume: 2 | Issue: 7

Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id: ishajain209@gmail.com

Page No :11 | No of times Downloads: 0065

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AN ANALYTICAL STUDY OF BANKING SERVICE UNDER CONSUMER PROTECTION BY - SAYALEE SUBHASH BHOSALE

Authors: SAYALEE SUBHASH BHOSALE

Registration ID: 105675 Published Paper ID: IJLRA5675

Year : June -2023 | Volume: 2 | Issue: 7
Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id: bhosalesayali555@gmail.com

Page No :24 | No of times Downloads: 0065

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International journal for legal research and analysis

Abbreviation:IJLRA

ISSN:2582-6433

Website:https://www.ijlra.com/

Accessibility:Open Access

License:Creative Commons 4.0

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All research articles published INTERNATIONAL JOURNAL FOR LEGAL RESEARCH AND ANALYSIS are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the INTERNATIONAL JOURNAL FOR LEGAL RESEARCH AND ANALYSIS or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the INTERNATIONAL JOURNAL FOR LEGAL RESEARCH AND ANALYSIS

[1] 1 Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, 1985 available

[2] Criminal Injuries Compensation Act, 1995 (U.K.), Victims and Witnesses Protection Act, 1982 (U.S.A.), Victims’ Rights and Restitution Act, 1999 (U.S.A.).

[3] Law Commission of India, 154th Report on ‘The Code of Criminal Procedure, 1973’ available at

[4] Ram Phal v. State (Criminal Appeal 1415/2012) dated 28-05-2015

[5] First proviso to section 154(1), Code of Criminal Procedure, 1973.

[1] The theory of Economic Development; an inquiry into profits, capital and the business cycle. The Dynamic analysis of innovation and diffusion: A study in process control, Thomson Learning 1989.

[2] Lindley LJ in hanfstaengl v. Empire palace (1894) 3 Ch 109 at p. 128 quoted in British leyland v. Armstrong (1984) FSR 591 at p. 608 (C.A.)

[3] Gramophone Co. V. Birender Bahadur Pandey, AIR 1984 SC 667 at p. 676

[4] Stewart, International Copyright and Neighbouring Rights, Butterworths, 2^nd edition p. 13. 1989

[5] William cornish, davis ilewelyn, tanyaaplin, intellectual property: patents, copyrights, trademarks and allied rights, 8^th edition, sweet and maxwell, pp, 451-475, 2013.

[6] Mark T. Bender and Yongsheng Wang, “ the impact of digital piracy on music sales: a cross-country analysis, Source,” International Social Science Review, Vol. 84, p. 155-170, (2009)

[7] “subject to the provision of this Act, the author of a work shall be the first owner of the copyright therein”

[8] “the owner of a copyright in an existing work or the ptrospective owner of the copyright in a future work may assign to any person the copyright either wholly or partially and either generally or subject to limitation and either for the whole of the copyright or any part thereof.”

[9] “The owner of the copyright in any existing work or the prospective owner of the copyright in any future work may grant any interest in the right by license in writing by him or by his duly authorized agent.”

[10] “Provides for compulsory license in work with held from the public.”

[11] “For the purpose of this Act copyright means exclusive right subject to the provision of this Act to do or authorizethe doing of any of the following act in respect of a work or any substantial part thereof.”

[13] Infringing copy if such reproduction, copy or sound recording is made or imported in contravention of the provision of This Act.”

[14] “The owner of any right conferred by this Act in respect of any work or any performance embodied in such work or his duly authorized agent may give notice in writing to the commissioner of custom, or to any other officer authorized in this behalf by central board of excise and customs.”

[15] “K. R. Venugopala Sarma v. Sangu Ganesan, 1972 Cri LJ 1098 (Mad) was a case of infringement of copyright in picture and it was held that an infringement of the copyright was complete even though the reproduction was not exact, but the effect on the mind by study of the two pictures was that the respondent's picture was nothing but a copy of the plaintiff's picture. The Court while applying the various tests observed as follows (at p. 1100).”

[16] MPDA published in FICCI- KPMG Report 2015.

[17] “Provides for the certain acts not to be infringement of copyright clause (c) provides that transient or incidental storage of a work or performance for the purpose of providing electronic links, access or integration has not been expressly prohibited by the right holders, unless the person responsible is aware or has reasonable grounds for believing that such storage is of an infringing copy.

[18] “Provides for acts not constitute as an infringement of copyright.”

[19] “Provides for disposal of infringing copies or plates for purpose of making infringing copies.”

[20] “No court inferior to that of a metropolitan magistrate or a judicial magistrate of the first class shall try any offense under this act.”

[21] This provision provides for the counterfeit it means who causes one thing to resemble another thing, intending by means of that resemblance to practice deception, or knowing it to be likely that deception will thereby be practiced”

[22] This provision provides for the counterfeit it means who causes one thing to resemble another thing, intending by means of that resemblance to practice deception, or knowing it to be likely that deception will thereby be practiced”

[23] This provision defines cheating it provides that whoever by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to cheat. A dishonest concealment of fact is a deception within the meaning of this section.”

[24] “This provision deals with punishment for cheating, it provides that whoever cheat shall be punished with imprisonment of either description for a term which may extend to 1 year or with fine or with both.”

[25] “It provides for information as to non-cognizable cases and investigation of such cases.”

[26] “Where any person in or about such place is reasonably suspected of concealing about his person any article for which search should made, search should be made and if such person is woman, the search shall be made by another woman with strict regard to decency.”

[28] International Copyright Law Survey".Mincov Law Corporation.

[29] V.J.Taraporevala (2013),Law of intellectual property, 2nd edition, P 1205 para

[30] Nimmer, David (2003). Copyright: Sacred Text, Technology, and the DMCA. Kluwer Law International’s. 63.

[32] “Power of the police to seize infringing copies it provides that any police officers not below the rank of a sub- inspector, may if he is satisfied that an offence under section 63 in respect of the infringement of copyright in any work has been, is being or is likely to be committed ,seize without warrant all copies of the work and be produced before a magistrate”

[33] “Any person who knowingly infringes or abets the infringement of the copyright in a work or any other right conferred by this act shall be punishable with imprisonment for a term which shall not be less than 6 months but which may extend to 3 years and with fine which shall not be less than 50 thousand rupees but which may extend to two lakhs rupees.”

[34] Bryan A. Garner(ed), “Black’s Law Dictionary”8th ed. 2004,Thomson West, U.S.A.P. 1186

[35] Article 15, Note 14, Section 2: Civil and Administrative Remedies, Part III – Enforcement of Intellectual Property Rights, TRIPS.

[36] Shah,Vikas, “The role of Film in Society” an exclusive interview with Tom Sherak,” The Academy of Motion Picture Arts and sciences, thought June 2001.

[37] Gould,D.M and WC Gruben, “The Role of Intellectual Property Rights in Economic Growth” Journal of Development Economics,vol.48,p.323-350,1996

[38] Cinema has become a powerful vehicle for culture, leisure, education and propaganda. in a 1963 report for the united nation educational scientific and cultural organization looking at Indian cinema and culture, the author (Baldoon Dhingra) quated a speech by Prime Minister Nehru who stated, “…the influence in India of films is greater than newspapers and books combined.” Even at this early stage in cinema, the Indian film-market catered for over 25 million people a week- considered to be just a ‘fringe’ of the population.

[39] Chittor P.Krishnan, “Growing Markets – Grey or White”, Hindu Business Line dated on 24th April, 2000.

[41] American Society of Composers, Authors and Publishers

[43] American Society of Composers Authors And Publishers

[44] Priti H. Doshi, Copyright Problems in India Affecting Hollywood and “Bollywood,” (2003).

[45] Term ‘ Infringing copy is defined under Section 2 (m) of the Copyright Act, 1957

[46] Section 51 (b) of the Copyright Act, 1957

[48] Business Software Alliance study and report, 2003

[49] S.K.Verma and Raman Mittal (2013),Legal dimensions of cyberspace, 2nd edition p. 115 para 4

[50] Ticketmaster Corp v. Microsoft Corp No 97 -3055 CD DA, Complaint filed on April 1997.

[1] Malcolm N. Shaw, “International Law” (8^th edn 2017) pp 156

[2] Convention on the Rights and Duties of States, Article 1.

[3] James Crawford, “The Creation of States in International Law”(2^nd edn 1979) pp 46

[4] Convention on the Rights and Duties of States, Article 6.

[5] William T. Worster, ?Law, Politics, and the Conception of the State in State recognition theory.” Boston University International Law Journal, (vol. no. 1 August 2009) pp. 119.

[6] Jena Abhinav and Lath Adhiraj, “The Lauterpacht Doctrine: An Objective Attempt Towards State Recognition?” 1 February 2021.

[7] Zounuzy Zadeh Ali, “International law and the Criteria for Statehood,” Faculty of Law Department of International and European Law, (2012)

[10] John Quigley, The Statehood of Palestine: International Law in the Middle East Conflict (New York: Cambridge University Press, 2010), 133.

[12] Robert McMahon & Jonathan Masters, Palestinian Statehood at the UN, Council on Foreign Rels. (November 30, 2012)

[13] Joshua Berzak, “The Palestinian Bid for Statehood: Its Repercussions for Business and Law”, Journal of International Business Law 12, no. 1 (2013) pp. 14.

[14] Palestinian Central Bureau of Statistics, "Population Indicators 2017". http://pcbs.gov.ps/site/langen/881/default.aspx#Population. (Last Accessed February 4th, 2018).

[15] Susan Panganiban, “Palestinian Statehood: A Study of Statehood through the Lens of the Montevideo Convention, 63.

[16] Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion (The Hague, International Court of Justice, July 9th, 2004)

[17] James Crawford, The creation of States in International Law, (2^nd edn pp 47).

[18] Situation in the State of Palestine, ICC-01/18-143, ? 118 (Pre-Trial Chamber 1, Feb. 5, 2021).

[19] Questions and Answers on the Decision on the International Criminal Court’s Territorial Jurisdiction in the Situation in Palestine, Int’l Crim. Ct. (Feb. 15, 2021), https://www.icc-cpi.int/itemsDocuments/palestine/210215-palestine-q-a-eng.pdf.

[21] Situation in the State of Palestine, ICC-01/18-143, ? 112 (Pre-Trial Chamber 1, Feb. 5, 2021).

[22] Rome Statute of the International Criminal Court art. 12(3) (Rome, 17 July 1998) U.N. Doc. A/CONF.183/9 of 17 July 1998, entered into force 1 July 2002.

[25] Institut De Droit International: Resolutions Concerning the Recognition of the New States and New Governments, Am. J. Int’l L. (Supplement: Official Documents) 163, 185 (Oct. 1936).

[26] Abhinav Mehrotra, “Israel-Palestine Conflict: Need for a Special Tribunal and ICC.” The Geopolitics, 26^th March 2022

[1] Section 21 of the Juvenile Justice Act, 2000 as amended by the Juvenile Justice (Amendment) Act, 2015

[2] Section 82 and 83 of the Indian Penal Code 1860

[3] Pratap Singh vs. State of Jharkhand & Anr on 2 February 2005, Appeal (crl.) 210 of 2005

[4] The 1986 Act was called the Juvenile Delinquency Act.

[5] Section 4 of the Juvenile Justice Act as amended by the Juvenile Justice Act 2015.

[6] Section 7 of the Juvenile Justice Act as amended by the Juvenile Justice Act 2015

[7] Section 302 IPC deals with murder which has punishment which can extend to death sentence in rarest of rare cases

[8] Balu @ Bakthvatchalu vs. State Of Tamilnadu on 12 February 2008, Appeal (crl.) 295 of 2008

[9] Section 20 of the Juvenile Justice Act, 2000 as amended by the Juvenile Justice Act 2015

[10] It also includes the Juvenile Justice Act, 2015

[11] Article 40 of the UN Convention on Child Rights

[13] In Indian case, JJB can decide if heinous crime like rape or murder is committed whether the juvenile can be tried by JJB or Criminal Court of original jurisdiction. In US or UK they are tried by criminal court only.

[14] The discretion is there with the JJB for the time being in force.

[1] Albert H., Judd, Rivers, (2006) “Creating a winning E-Business”, Wagner Course Technology Thomson Learning, pp. 37-255

[2] Alawneh A., and Hattab E, (2007) “E-Business Value Creation: An Exploratory Study, Proceedings of the Seventh International Conference on Electronic Business”, Taipei, pp. 181-188

[3] Alawneh A., and Hattab E (2009). “International Arab Journal of e-Technology”, Vol. 1, No. 2, pp. 1-8

[4] Amit Basu and Steve Muylle (2007), “How to Plan E-Business Initiatives in Established Companies”, Vol. 49, No. 1, pp. 11-22

[5] Aranda-Mena, G. and Stewart, P. (2005), “Barriers to E-Business Adoption in construction international literature review”, pp. 33-49

[6] Ayo, Charles K. (2006). “The Prospects of e-Commerce Implementation in Nigeria, Journal of Internet Banking and Commerce”, Vol. 11, No.3, pp. 68-75

[7] A. K. Sohani, (2009), “Technology and Banking Sector”, ICFAI University Press, pp. 1-39

[8] Brahm Canzer, (2009) “E-Business and Commerce Strategic Thinking and Practice”, Houghton Mifflin, pp. 114-312

[9] Ami Merchandising Pvt.Ltd vs State Of Maharashtra And Others on 3 April, 2014

[12] Chiemeke, S. C., Evwiekpaefe, A. and Chete, F. (2006), “The Adoption of Internet Banking in Nigeria: An Empirical Investigation,Journal of Internet Banking and Commerce”, vol. 11, No.3, pp 33-49

[13] David Whiteley, (2001) “E-Commerce Strategy, Technologies and Applications”, Tata McGraw Hill, pp. 3-143

[14] Daft, Richard L. (1982), “ Bureaucratic Versus Nonbureaucratic Structure and the process of Innovation and Change”, pp. 129-166

[15] Earl, M. (2000), “Evolving the E-Business, Business Strategy Review”, pp. 33-38

[16] Eben Otuteye (2003) “A Systematic Approach to E-Business Security”, pp. 87-103

[17] Hackbarth, G. & Kettinger W. J. (2000), “Building an E-Business Strategy: Information Systems Management” pp. 78-90

[18] Kalakota, R. and M. Robinson (1999), “E-Business: Roadmap for success”, Addison-Wesley, 112-149

[2] Jewitt, John Rodgers, 1738-1821 (1987). The Adventures and Sufferings of John R.Jewitt:captive of Maquinna.

[3] Morgera, E , ‘ Whale Sanctuaries :An Evolving Concepts within the International Whaling Comission. Ocean Development and International Law, 35(4), 319-338Gare

[4] Smith, ‘The International Whaling Comission:An Analysis of the Past and Reflection on the Future.’1984.Vol.16

[5] William Mare ‘The problem of Scientific Whaling’ accessed 15March 2023

[6] International Convention for Regulation of Whaling,1946

[7] U.N. Doc. A/CONF.48/14 and Corr. 1, Recommendation 33 (1972).

[10] The 67^th Meeting of the International Whaling Commission (IWC 67).

[11] Donovan, ‘The International Whaling Commission and the aboriginal/subsistence whaling’.

[12] ‘Aboriginal Subsistence Whaling’< https://awionline.org/content/subsistence-whaling> accessed April 2^nd 2023.

[14] John Eligon,’A Native Tribe Wants to Resume Whaling, Whale Defenders are Divided’,(New York, 14 November 2019)

[1] Asia Pacific Journal of Marketing & Management Review ISSN 2319-2836 Vol.1 (4), December (2012)

[7] N.Raveendran Vs. Branch Manager, State Bank of India 1991(2) CPR 473 (SCDRC-Kerala)

IJLRA	N. Raj Kumar ; Kamble Shivadayal . "Design of Fault Tolerance Parallel FFT’s Using Xilinx 14.5v" Iconic Research And Engineering Journals Volume 5 Issue 8 2022 Page 1-6
IEEE	N. Raj Kumar ; Kamble Shivadayal . "Design of Fault Tolerance Parallel FFT’s Using Xilinx 14.5v" Iconic Research And Engineering Journals, 5(8)

“SMOKING LAWS IN INDIA” - A STEP TOWARDS A TOBACCO-FREE FUTURE BY - ANIKET DAGAR

RIGHTS OF VICTIMS IN CRIMINAL JUSTICE SYSTEM BY - RADHA VASANT SHELKE

“DIGITAL PIRACY VIS-A-VIS ENTERTAINMENT INDUSTRY: A COPYRIGHT PERSPECTIVE” BY - MANSI VERMA

RESEARCH PAPER ON THE STATEHOOD STATUS OF PALESTINE THROUGH THE LENS OF THE MONTEVIDEO CRITERIA OF STATEHOOD AND PRE - TRIAL CHAMBER (PTC): Shreya Chaudhary & Sravishtha T

A STUDY ON DRUG ABUSE AMONG TEENAGERS WITH CAUSES AND EFFECTS BY - AISHWARYA SINGH

REHABILITATION AND REFORMATION OF JUVENILES IN CONFLICT WITH LAW IN INDIA: BY: DR. SOUVIK CHATTERJI, ANKAN BASU & SAMRAT SAMADDAR

IMPACT OF E-COMMERCE ON BANKING SYSTEM BY - VAISHNAVI SHIRGUPPI

ENFORCEMENT FOR THE PROTECTION OF WHALES, CONCERNING THE INTERNATIONAL CONVENTION FOR THE REGULATION OF WHALING. BY - MONISH CHERIYADTH PURUSHOTHAM

WOMEN’S RIGHTS AT WORKPLACE BY- ISHA JAIN

AN ANALYTICAL STUDY OF BANKING SERVICE UNDER CONSUMER PROTECTION BY - SAYALEE SUBHASH BHOSALE

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