Thursday, September 24, 2020

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The Enduring Gaps and Errors in Capital Sentencing in India

-Anup Surendranath, Neetika Vishwanath, and Preeti Pratishruti Dash In the forty years since Bachan Singh upheld the constitutional validity...

Crimes by Children in Conflict with the Law – Heinousness, Acceptability, and Age of Adulthood: A Comprehensive Critique of the Present Juvenile Justice System

-Aanchal Kabra and Pratyay Panigrahi The underlying nature of the Juvenile Justice system has undergone a substantial change with...

Admissibility and Proof of RTI Documents under the Indian Evidence Act

-Gaurav Bhawnani and Aditya Mehta The Right to Information Act, 2005 (‘RTI Act’) is frequently used in civil and...

An Empirical Assessment of the Collegium’s Impact on Composition of the Indian Supreme Court

—Rangin Tripathy and Soumendra Dhanee Much of the legal scholarship on the collegium system of appointing judges in India...

The General Executive Power of the Union of India and the Commonwealth of Australia: A Comparative Analysi

-Peter Gerangelos The substantive content and ambit of the general executive power of “the Union” of India and of...

Carbon Tax as Discrimination: Revisiting the Legal Standard of National Treatment in WTO Law

This paper explores the possibility of an alternative take on the current understanding of the GATT national treatment obligation, especially in the assessment of the possible discriminatory impact of a carbon tax.

Insider Trading: Circumstantial Evidence is Evidence Enough?

The Securities and Exchange Board of India (‘SEBI’) is under constant pressure to secure the integrity of the securities market while also ensuring that development of the securities market is not deterred by its overreach.

What use is poetry? Excavating Tongues of Justice Around Navtej Singh Johar v Union of India

The Supreme Court of India, in Navtej Singh Johar v. Union of India, read down Section 377 Indian Penal Code (‘S. 377’), decriminalizing sexual relations between consenting adults, irrespective of sexual orientation or gender identity[..]

Public Policy under the New York Convention – Bridges between Domestic and International Courts and Private and Public International Law

Abstract Controversy continues over the “public pol-icy” exception set out in the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Claims are still made regarding the sharpness[..]

Hardship & Substituted Performance as Defences against Specific performance: Critique of the Recent Developments

For a long time, contract law in India has beenregarded as being plagued with inefficient contract enforce-ment mechanisms. The consequence has been that projects remained incomplete for several years[..]

A Critique of the Aadhaar Legal Framework

This paper critically examines the legal framework consisting of the Aadhaar Act, the Aadhaar Ordinance, and the Aadhaar Regulations from the perspective of accountability, delegation, and grievance redressal and enforcement[..]

Fostering the Realization of the Right to Water: Need to Ensure the Universal Free Provision and to Recognize Water as a Common Heritage

The fundamental right to water has long been formally recognised in India. However, notwithstanding this and numerous governmental interventions over the years, universal provision of water is yet to be achieved[..]

Publicity Rights and the Right to Privacy in India

The right to publicity is the right to protect, control, and profit from one’s image, name, or likeness. This right is generally considered as a facet of right to privacy. This article aims to study the[..]