INTERNATIONAL JOURNAL FOR LEGAL RESEARCH & ANALYSIS (ISBN – 978-81-948082-1-3) VOLUME I ISSUE II (APRIL 2021) Email [email protected] Website – www.ijlra.com 5656565656565 1 www.ijlra.com VOLUME I SSUE II |APRIL ISBN – 978-81-948082-1-3 2021 DISCLAIMER No part of this publication may be reproduced or copied in any form by any means without prior written permission of Managing Editor of IJLRA. The views expressed in this publication are purely personal opinions of the authors and do not reflect the views of the Editorial Team of IJLRA. Though every effort has been made to ensure that the information in Volume I Issue X is accurate and appropriately cited/referenced, neither the EditorialBoard nor IJLRA shall be held liable or responsible in any manner whatsever for any consequences for any action taken by anyone on the basis of information in the Journal. Copyright © International Journal for Legal Research & Analysis [1] www.ijlra.com VOLUME I SSUE II |APRIL ISBN – 978-81-948082-1-3 2021 EDITORIAL TEAM EDITORS Ms. Ezhiloviya S.P. Ms. Priya Singh Mr. Ritesh Kumar Mrs. Pooja Kothari Dr. Shweta Dhand [2] www.ijlra.com VOLUME I SSUE II |APRIL ISBN – 978-81-948082-1-3 2021 ABOUT US INTERNATIONAL JOURNAL FOR LEGAL RESEARCH & ANLAYSIS ISBN – 978-81-948082-1-3 is an Online Journal is Quarterly, Peer Review, Academic Journal, Published online, that seeks to provide an interactive platform for the publication of Short Articles, Long Articles, Book Review, Case Comments, Research Papers, Essay in the field of Law & Multidisciplinary issue. Our aim is to upgrade the level of interaction and discourse about contemporary issues of law. We are eager to become a highly cited academic publication, through quality contributions from students, academics, professionals from the industry, the bar and the bench. INTERNATIONAL JOURNAL FOR LEGAL RESEARCH & ANALYSIS ISBN – 978-81-948082-1-3 welcomes contributions from all legal branches, as long as the work is original, unpublished and is in consonance with the submission guidelines. [3] www.ijlra.com VOLUME I SSUE II |APRIL ISBN – 978-81-948082-1-3 2021 INDEX S.No Name Title Page No. 1. Bhakti Khule The Concept Of Corporate Governance 6 2. Pari Research Paper On Data Theft 15 3. Nithya Sowmya Challenges in the implementation of POSH Act 31 4. Twinkle Shaji Section 113-B of The Indian Evidence Act, 1872: A Pre- 44 emptive Conclusion or A Necessary Precaution 5. Pothuru Sashank Varma Pre Packaged Insolvency 55 6. The Role of a Defense Counsel in Criminal Proceeding 62 Joyita Ghosh 7. Pragati Gilda Smart Contracts - Can Code be law? 70 8. Shwetha Maria History Of Police Brutality In India 78 Solomon 9. Anjali Nair Emergence of Right to Clean Environment as Human Right’ 87 10. Akash Kumar &Ayush Corporate Governance & Ownership Structure 101 Yadav 11. Divyanshi Goel Rights Of The Accused Under The Code Of Criminal 112 Procedure And The Constitution Of India 12. Sarashika Eakambaram Film Censorship And Its Impact On The Fundamental Right To 134 Freedom Of Speech And Expression - A Constitutional Analysis 13. Param Bhamra & Aditya 142 Mathur Should India Follow The Culture Of Giving Death Penalty As [4] www.ijlra.com VOLUME I SSUE II |APRIL ISBN – 978-81-948082-1-3 2021 14 Nitin Dhatarwal Constitution as the guardian of rights of its people 148 15 SHREEYA Right to Privacy and it's Limitations under the Indian 154 PRABHAKAR Constitution. TAMBE 16 Samyak Godha A Comprehensive Analysis on legality of cryptocurrency in 164 India 17. Samarth Bajaj Living Resources in the Exclusive Economic Zone 172 18. Mehak Andrabi Human Rights Crises in Kashmir: An Overview 183 19. Ratnesh Kumar Tiwari & Right to Private Defence A Preventive Right 192 Aman Singh 20. Esha Dubey Issues Related To Citizenship Ammendment Act 2019 : 200 Analysis [5] www.ijlra.com VOLUME I SSUE II |APRIL ISBN – 978-81-948082-1-3 2021 THE CONCEPT OF CORPORATE GOVERNANCE AUTHOR: BHAKTI KHULE Student- Symbiosis Law School, Hyderabad CHAPTER I: MEANING AND CONCEPT Corporate Governance is the collection of policies developed to determine the success and course of a corporation. It is a summary of the rules and regulations for an incorporated firm's individuals in charge. We are the ones who want to bear the very liability to creditors. Corporate governance is a broad concept, and is the corporate climate of today. Corporate governance legal accessories may be tailor-made to suit each wearer's conscientious preference. This paper would elaborate and discuss the corporate governance as a topic from the ambit point subject of India. The paper will examine the obstacles facing a developing economy like India. This will also clarify why follow good corporate governance practices is essential to every government. The next segment will discuss how corporate governance has become an undivided or non-separable part of India's economy. First, it addresses the role of India's ethics, corporate control, and auditor preference and audit committee. In addition, the report presents a description of how corporate governance affects India's current economic situation. In plain terms, corporate governance means to such extent businesses are managed in a transparent and truthful manner. The U.K. committee on Cadbury in 2002, corporate governance was described as – the structure that guides and regulates businesses. The nature of the business sector lies in fostering openness and responsibility, and satisfying the stakeholders' reasonable standards. Corporate governance is such sort of mechanism which is achieving this aim and safeguarding the rights of specific stakeholders in particular. The corporate governance system promotes the effective utilization of resources and also calls for responsibility for the use of such services resource. Corporate governance and value-creation are also said to go hand in hand. If a company accepts ethical conduct and ensures it does not thrive. Different research was undertaken to investigate the similarities and differences between corporate governance and the financial [6] www.ijlra.com VOLUME I SSUE II |APRIL ISBN – 978-81-948082-1-3 2021 performance of any organisation, but the conclusion tends to be mixed and inconclusive. In this following paper, we will also look at and examine the effect of corporate governance in an Indian context on the financial output of a company. The collection of rules, controls, strategies, and decisions put in order to dictate organizational conduct is referred to as governance. Shareholders and proxy counselors are influential stakeholders that have an indirect impact on governance, but they are not models of governance. The board of directors plays a critical role in government, and its decisions may have a significant impact on stock values.Investors value corporate governance because it demonstrates a company's direction and business credibility. Corporate governance aids in the development of trust among investors and the general public. As a result, corporate governance contributes to financial viability by providing investor holders with a long-term investment incentive.Community relations include communicating a company's corporate governance. Apple Inc., for example, describes the corporate leadership—the executive team and board of directors—as well as its corporate governance, which includes committee charters and governing records including bylaws, shareholder holding rules, and articles of incorporation. Corporate governance is something that most businesses aim for. Many shareholders believe that a company's profitability isn't enough; it must also show strong corporate citizenship through environmental responsibility, ethical action, and sound corporate governance practices. Good corporate governance establishes a consistent system of rules and controls with aligned benefits for owners, directors, and officers. From the early days of collective organization, the idea of corporate governance has existed and is changing. Via entrepreneurialism, creativity, growth and discovery, successful corporate governance mechanisms enable companies to build value and have oversight and management processes that are proportionate to the risks involved. Beyond corporate regulation, corporate governance extends. It contributes to the creation of a legislative, economic and administrative structure as it is conducted under a well-laid-out scheme and demarcates the limits under which these roles are executed. Its fundamental purpose is not simply to meet the provisions of the statute, but to ensure that the board and its senior officers are committed to operating the company in a straightforward way, including optimising the worth of long-term shareholders. There are plenty of laws in this respect, but successful enforcement of these laws is what is needed.1 Corporate governance is the acknowledgment on behalf of the company of the administration of 1 4 S. LI AND A. NAIR, ASIAN CORPORATE GOVERANCE OR CORPORATE GOVERANCE IN ASIA? Corporate Governance: An International Review, no. 4, pp. 407-410, (2009). [7] www.ijlra.com VOLUME I SSUE II |APRIL ISBN – 978-81-948082-1-3 2021 the inalienable stockholders as the rightful owners of the company and of their own position as trustees. It is all about making a difference in a top business between personal and corporate assets. Both in the public and the private sector, the concept of corporate governance has gained relevance. In order to sustain or change operational behaviour, it is used to track whether results are in line with expectations and to motivate the organisation to be more thoroughly aware. It is the process by which people are driven to match their individual actions with the participants in general.Corporate governance must take care of the interests of workers, past, current and future, which form the whole of life. The continuum involves preparation, procurement, operating climate, severance or retirement arrangements for future needs. Corporate governance is good oversight that promotes doing so by keeping with all existing laws and regulations, everything is safer and preserves the interests of the company.