By Shalini Prem
Introduction
The Code of Civil Procedure, 1908 (hereinafter ‘CPC’) confers upon the High Courts the jurisdiction to hear appeals from appellate decrees, i.e., second appeals. The right to second appeal is not a vested right but a statutory one; it is conferred by the statute and can only be availed if the conditions laid down in the statute are satisfied.
Considering the recommendations laid down by the Law Commission of India, Section 100 of the CPC was amended in 1976 to restrict the scope of second appellate jurisdiction for reducing judicial delays due to the increased burden on High Courts. …
By Anusha Bhatt
Introduction
Sports activities have been an essential part of our social culture since the time immemorial. In the ancient historic cultures, sports activities were performed to determine the strongest amongst the group. It was a form of power and pride that was bestowed upon the winner. Over the years, hundreds of rulers have enjoyed sporting activities for entertainment purposes as well. However, a lot has been lost amidst the change between the historic lineage and the current scenario of sports and other recreational activities. In today’s India, schools prefer to pressurize children with academics and little importance is being given to…
By Pooja V
Introduction
The Foreign Contribution (Regulation) Act, 2010 (hereinafter ‘FCRA’) was enacted to regulate the acceptance and utilisation of foreign contribution by certain individuals and organizations and to prohibit the same from being used for activities that are detrimental to the national interest.
This Act repealed the Foreign Contribution (Regulation) Act, 1976 which was enacted during the emergency period under the Indira Gandhi-led government which had kept the regime restricted to regulation.
FCRA introduced prohibition by making national interest a paramount consideration in the receipt of foreign contributions to India. …
By Vanshika Shroff
Economic offences have been given a special seat in criminal laws in the country. The gravity of an economic offence is directly proportional to the impact and loss caused to society. Some examples of such crimes are corporate fraud, tax evasion, money laundering, currencies forgery, and cybercrime. Economic offenders involved in such scams are often in key managerial positions in huge companies and have a fiduciary duty and responsibility to the company shareholders and the public at large.
The law of bail, like any other branch of law, has its own philosophy and occupies an important place in the administration…
By Aishwarya Anand and Raksha Bhandari
Introduction
The Supreme Court of India has always unfailingly come to the aid of the citizens of India whenever the legislature and the executive have failed to fulfil their obligations. Commandeering the role of a policy maker and interpreter of law, the Apex Court of the country took suo motu cognizance of the humanitarian crisis following the “unpredicted” wave of COVID-19 pandemic on 22–04–2021 thereby, urging the Central Government to review its policies in the wake of national emergency in the country.
Taking into account the upsurge of the COVID cases in the country and the declining availability and the production…
By Deeksha Anand
Introduction
The race and gap between the developed and developing countries, due to patent legislations relating to biotechnology is not just present in theory but the approach of countries to tackle a pandemic/epidemic also throws a negative light on such legislations.
During the SARS outbreak in 2002, the primary concern of the research institutions which were involved in SARS research was not to control the virus by finding a vaccine/medicine but it was to preserve the genetic material from public access. …
By Dhriti Mitra
This article primarily explores whether Right of First Refusal (ROFR) clauses are inherently anticompetitive in nature. If it is so, then why has the Amazon — Future Retail deal excluded this Competition concern, and provided Arbitration the center stage in this dispute.
· Introduction
· An International Perspective on ROFR Clauses and Competition Law
· Amazon v. Future Retail
· Conclusion
Introduction
A Right of First Refusal (ROFR) clause grants a contractual right to a party to be legally entitled to enter into a business transaction before the same can be offered to any other party. Through the course of time…
By Satakshi Singh
This article focuses on how the Covid-19 pandemic has exposed and exacerbated racial discrimination against the Northeast Indians in India. It includes the instances of racism during the pandemic and response to the same. It discusses the legal provisions and the combined efforts by the legislature and judiciary to eradicate such racism. It also suggests the measures that are necessary to remove racial discrimination and violence against the Northeast Indians from Indian society.
· Introduction
· Scenario in India
· Legal framework
· Response to Racial Discrimination during the COVID-19 Pandemic
· Key Measures
· Conclusion
By Arya Pathak
Despite its pivotal role in learning, the production and dissemination of textbooks has become a political matter over decades. This article tries to explain how the contents of textbooks are subject to changes as per the convenience of different regimes, by focusing upon the changes that were brought about in history textbooks right from the colonial period to the recent controversies around them.
· Introduction
· Beginning of a Textbook-Centered Culture
· Textbooks Carrying Colonial Narratives
· Conflict of Ideologies and the Influence on Textbooks
· Exclusion As A Tool For Muddling With History
· Reshaping History- A Political Game?
· Conclusion…
By Shalini Prem
This article uses contemporary examples to discuss the long-standing jurisprudential debate — ‘is an unjust law not a law?’. The article primarily analyses the complexities in the conceptualisation of justice and law by natural law philosophers to ultimately determine whether the validity of laws depend on their moral defensibility.
· Introduction
· The Moral Obligation to Obey a ‘Law’
· Deconstructing ‘Justice’
· Justice, Law, and Divinity
· Standards of Justice in the Constitution of India
· Justice and Law-making by the Majority
· Unjust Application of a ‘Just’ Law
· Duality of Law
· Conceptualising an ‘Unjust Law’
· Conclusion…
