Journals

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Now showing 1 - 10 of 28
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    NATIONAL LAW SCHOOL JOURNAL
    (National Law School of India University, Bangalore, 2015-16) SARASU ESTHER THOMAS
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    NATIONAL LAW SCHOOL JOURNAL
    (National Law School of India University, Bangalore, 2014) ESTHER THOMAS, SARASU
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    NATIONAL LAW SCHOOL JOURNAL
    (National Law School of India University, Bangalore, 2013) ESTHER THOMAS, SARASU
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    NATIONAL LAW SCHOOL JOURNAL
    (National Law School of India University, Bangalore, 2014) ESTHER THOMAS, SARASU
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    Petrificus totalus: The spell of national security!
    (AJWH, 2018) R.V. Anuradha
    The “national security” exception is a preserve for sovereign power which finds a place in the 1947 General Agreement on Tariffs and Trade (hereinafter “GATT”), and practically all subsequent trade agreements, but has never been tested in a trade dispute. The reason is simple: while it has been invoked a few times, matters have never escalated sufficiently for it to be tested. However, there are currently ten disputes (including eight against the United States) pending at the World Trade Organization (hereinafter “WTO”) where the “national security exception” has been invoked as a defence for WTO-inconsistent policies. The timing of these disputes in view of the rising protectionism by various countries in itself raises interesting questions about the intent and purpose of such an exception, i.e., whether it is a genuine exercise of the security exception, or a cover for protectionist action. This article will make an assessment of the wording used in the security exception under the GATT, and the circumstances wherein the current spate of disputes has invoked the exception. It will also reflect on how Free Trade Agreements (FTAs) are addressing this issue, and the extent to which they are deviating from the language of the GATT and WTO Agreements. The article will also explain that it is not correct to attribute rising national security concerns to the U.S. alone. There is a growing body of regulatory measures on grounds of national security that are emerging worldwide. Perhaps the reason for this is because the narrow structuring of the “security exception” in the post-World War II era of the GATT, is ill-equipped to consider various emerging concerns. A more realistic assessment of the situation therefore is needed to ensure that there is some streamlining and control of the use of the security exception. In the interests of predictability and certainty, it is important that the shroud of “security” does not become a carte blanche for any form of protectionism.
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    Rape Adjudication in India in the Aftermath of Criminal Law Amendment Act, 2013: Findings from Trial Courts of Delhi
    (Indian Law Review, 2020-06-04) Dash, Preeti Pratishruti
    This paper asesses the impact of the Criminal Law Amendment Act, 2013 (CLA-2013) on rape adjudication, by examining 1635 rape judgments from trial courts of Delhi pronounced between 2013 and 2018. Of these, 726 cases were adjudicated under the old law, of which 16.11% resulted in convictions and 909 cases were adjudicated under the CLA-2013, of which 5.72% resulted in convictions. Analysing this data, the paper argues that absence of engagement with criminal justice literature linking mandatory minimum punishments with higher acquittal rates, led to unintended consequences, like reduced convictions under the CLA-2013. The paper also finds similar patterns between nature of rapes and reasons for acquittal under both laws, highlighting that mere legal reform, unaccompanied by governance and social reform, does not yield far-reaching results. The paper concludes by questioning the use of criminal law as a site for feminist reform.
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    National Law School Journal
    (National Law School of India University, 2018) Thomas, Sarau; Ghosh, Yashomati; Abhijeeth, Kumar
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    March of the Law - Volume 10
    (NLSIU Bangalore, 2011) Sarasu, Thomas.. Editor
    CONTENTS - I. ADMINISTRATIVE AND SERVICE LAW 1 Mriganki Nagpal Parth Singh Nayanatara B.G. Ashwini Vaidialingam II. COMMERCIAL LAWS — PART A 20 Megha Mathur Anindita Pattanayak Srikanth Mantravadi III. COMMERCIAL LAWS—PART B 33 Nidhi Modani Sapan Parekh Anita Srinivasan Archana Subramanian IV. COMMERCIAL LAWS—PART C 53 Divyanshu Agrawal Darshana Jain Pragya Vats V. CONTRACT LAW—PART A 67 A.S. Aniruddha Praggya Surana VI. CONTRACT LAW—PART B 74 Aditya Singh Chawla L. Gopika Murthy VII. CRIMINAL LAW—PART A 83 Trishee Goyal Roopashi Khatri Debanjana Mukherjee Swati Muthukumar Vishakh Ranjit vi March of the LAw Vol X VIII. CRIMINAL LAW—PART B 97 Sarthak Choudhary Atulaa Krishnamurthy Saumya Maheshwari IX. ENVIRONMENTAL LAW 111 Basavanagouda Patil Mrinalini Shinde Apurva Shukla X. INTELLECTUAL PROPERTY LAW 119 Anubhuti Sinha XI. LABOUR LAW 123 Akshat Agarwal Surbhi Ajitsaria Suveni Bhagat Samhita Mehra Anhad S. Miglani XII. PROCEDURAL LAWS—PART A 146 Anshul Roy Sarayu Satish Shivendu Pandey XIII. PROCEDURAL LAWS—PART B 156 Spadika Jayaraj Pallavi Panigrahi Nayantara Ravichandran Tuhina Joshi XIV. PROCEDURAL LAWS—PART C 176 Shreya Jain Sharwari Pandit Sakshi XV. LAW OF TAXATION—PART A 186 Vasvi Agrawal Sparsh Gupta Dhruv Pandey XVI. LAW OF TAXATION - PART B 199 Juhi Gupta Arunima Kedia Ajay Patri Preetish Sahoo Sarayu Satish Shrishti Singh XVII. LAW OF TORTS 227 Tanmay D. Nimoy Kher XVIII. CONSUMER PROTECTION ACT AND MONOPOLIES AND RESTRICTIVE TRADE PRACTICES 236 Chirayu Jain Vijay V. Paul Anil Sebastian Pulickel Tenzin Paldron Tsering XIX. PROPERTY LAW—PART A 250 Aparajita Mridha Sachi Poudyal Anshul Roy XX. PROPERTY LAW—PART B 259 Prakhar Gupta Raghuveer Singh Meena Shivani Mittal XXI. FAMILY LAW 272 Tanya Jain Priyanka Madan Ashrutha Rai Aishwarya Saxena Mansi Sood Samhita Mehra 2011 XXII. CONSTITUTIONAL LAW 328 Aakarshi Agarwal Anshita Chauhan Parul Mehra Pallavi Panigrahi Sarthak Gupta Sonakshi Saxena Sanjukta Sikdar Prachi Singh Ritika Sinha.
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    National Law School Journal - Volume 10
    (NLSIU Bangalore, 1998) Edited By Madhava Menon, N R
    CONTENTS Editorial India & Australia: A Neglected Legal Relationship and a Plan of Action The Hon. Justice Michael Kirby AC CMG 1 Justice N.D. Krishna Rao Memorial Lecture on Protection 17 Human Rights: Judicial Obligation or Judicial Activism The Hon. Justice Mr. A.S. Anand Trade in Legal Services: Opportunities and Constraints 32 Dr. N.L. Mitra Foreign Currency Judgments: Need for a Proper Legal Regime 61 Vikram Raghavan Coalition Politics and the Revitalization of Constitutional Safeguards: The Role of The President Promod Nair 82 International Law in Municipal Courts - Analysing a Fifty Years Experience Gautam Narasimhan 106 The Under-trial Population in Jails - An Evaluation of the 123 Effectiveness of the Directions of the Supreme Court in this Regard, and Suggestions for their Proper Implementation Shahrukh Alam Problems of Computing the Damages in the Constitutional Torts: 132 Problems and Perspectives Nishant Kumar Singh and Srishti Jha The Election Commission: Issues and Trends of the Past Decades 141 Shilpa Bhandarkar The SEBI (Insider Trading) Regulation, 1992: A Critique Vinay Reddy and Prakash N. "Mum's The Word?" - Understanding the Githa Hariharan Judgment Shilpa Bhandarkar Globalisation and the Free Flow of Foreign Judgements Prakash N. and Vinay Reddy A Comprehensive Guide for Asian Policy Makers Pooja Sinha Book Review Equality, Liberty and Property under the Constitution of India 183 by A.M. Bhattacharjee M.L. Updhyaya Indian Constitution by M.V. Pylee Gopal Sankaranarayanan 192
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    National Law School Journal - Volume 9
    (NLSIU Bangalore, 1997) Edited By Madhava Menon, N R
    CONTENTS Editorial ARTICLES O. Chinnappa Reddy The court and the constitution - 1950·1996: Peaks and depths 1. Kenneth S. Gallant Sovereignty, judicial assistance and protection of human rights in international criminal tribunals 20 Vikram Raghavan The legality of nuclear weapons cases: The world court sits on the fence 30 NOTES AND COMMENTS Kenneth Kaoma Mwcnda Regional control of international finance in southern and eastern Africa 68 Siddharth Raja Nation states and the regulation of transnational finance 84 V. Nagaraj The relevance of the appropriate government's power of reference under section 10(1) of the Industrial Disputes Act. 1947 in a liberalised economy 92 A.G. Alias Elected chief executive for stability and progress: Reflections on constitutional reform 99 Menaka Guruswamy Distributive justice: "Of Nozick. Rawls and Indian constitutional law jurisprudence" 109 Biswajit Chatterjce Environmcntal impoverishment and the crisis or development 120 M.R. Srikrishnan Environmental impact assessment - The way to the future 126 T.R. Sivaramjani Evolution of the international legal norm: A case study of the legal regime over human genome research 135 Nikhil Narayanan Rethinking the law of negligence and recklessness 142 Shreyas Jayasimha Freeing the airwaves 150 Shuva Mandai Sudhir Krishna Women and Panchayat Raj: The law and the practices 157 CASE COMMENTS Shyam Divan Bharat Forge, Humpty Dumpty and the Emperor's new clothes 164 Arvind Narain The Hindutva judgments: A comment 174 Mathew John Vikramjit Banerjee The Hindutva judgments: A rejoinder 178 Sumeet Malik BOOK REVIEW Sunil John The nationalist history redefined