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Item NATIONAL LAW SCHOOL JOURNAL(National Law School of India University, Bangalore, 2015-16) SARASU ESTHER THOMASItem NATIONAL LAW SCHOOL JOURNAL(National Law School of India University, Bangalore, 2014) ESTHER THOMAS, SARASUItem NATIONAL LAW SCHOOL JOURNAL(National Law School of India University, Bangalore, 2013) ESTHER THOMAS, SARASUItem NATIONAL LAW SCHOOL JOURNAL(National Law School of India University, Bangalore, 2014) ESTHER THOMAS, SARASUItem Petrificus totalus: The spell of national security!(AJWH, 2018) R.V. AnuradhaThe “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.Item 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 PratishrutiThis 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.Item National Law School Journal(National Law School of India University, 2018) Thomas, Sarau; Ghosh, Yashomati; Abhijeeth, KumarItem March of the Law - Volume 10(NLSIU Bangalore, 2011) Sarasu, Thomas.. EditorCONTENTS - 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.Item March of the Law - Volume 12(National Law School of India University, Nagarbhavi, Bangalore, 2013) Sarasu, Thomas.. EditorContents: 1. Administrative and Service Law 1 Manan Mipun 2. Commercial Law S- Part A: Company Law 9 Adwiteeya Sharma 3. Commercial Laws- Part B: 15 Law Relating to Securities, Insolvency, Banking, Debt Recovery and Negotiable Instruments Harshavardhan Sunder 4. Commercial Law S- Part C: 22 Foreign Trade Law and Arbitration Ritika Ajitsaria 5. Constitutional Law 27 Utkarsh Kumar Himanshu Gupta 6. Consumer Protection Act and Monopolies and Restrictive Trade Practices 41 Shradha Nigam 7. Contract Law - Part A: General Principles 46 Bhavesh Seth 8. Contract Law - Part B: Special Contracts 51 Radhika Goyal 9. Criminal Law - Part A: Indian Penal Code, 1860 57 Siddharth Bajpai 10. Criminal Law - Part B: Special Statutes 62 Atheeth Sajeevan 11. Environment Law 68 Pratikhsa Basarkar 12. Family Law 74 Aishwarya Saxena Vanshaj Jain Arvind A S 13. Intellectual Property Law 85 Gargi Rohi 14. Labour Law 91 Pooja Singh Karishma Sharma 15. Procedural Laws - Part A: Civil Procedure Code 101 Adwiteeya Sharma 16. Procedural Laws - Part B: 107 Code of Criminal Procedure Deepanshi Ahlawat 17. Procedural Laws - Part C: The Law of Evidence 113 Shilpa Shenoy 18. Laws of Taxation - Part A: Direct Taxes 131 Dhruv Gandhi 19. Law Of Taxation- Part B: Indirect Taxes 137 Sarangan Rajeshkumar 20. Law of Torts 143 Swapna Sarit 21. Property Laws- Part A: 154 Transfer of Property Act, 1885 Pavan Srinivas 22. Property Laws - Part B: 161 Land Acquisition and Rent Control Harjas SinghItem Gender, Human Rights and Law(Centre for Women and the Law - National Law School of India UniversityNagarbhavi, Bangalore, 2019) Sarasu, Thomas