The Journal Committee (“Committee”) at Dr. Ram Manohar Lohiya National Law University, Lucknow (“RMLNLU”), in collaboration with Nishith Desai Associates, organised the 10th edition of the RMLNLU International Legal Essay Competition and Conference on Intellectual Property Rights and Technology Law (“RILEC”). The Conference and Workshop was conducted on 7th April, 2023. This year the Committee invited submissions from authors on the topic – “IPR and … Continue reading 10th RMLNLU International Legal Essay Competition (RILEC) Conference, 2023, in collaboration with Nishith Desai Associates.
In this post, the author discusses the exclusion of the High Court’s writ jurisdiction and analyzes the appellate mechanism from the Armed Forces Tribunal. The author highlights the doctrine of basic structure and explain that the High Court and Supreme Court have the power to review decisions of district judiciary and tribunals, ensuring the protection of fundamental rights. The author also addresses the absence of alternative appeal mechanisms for servicepersons aggrieved by the Armed Forces Tribunal’s orders and argues for the importance of the High Court’s writ jurisdiction in such cases. They further discuss the superintendence of the Armed Forces Tribunal vis-à-vis High Courts and emphasize the need for judicial review under Article 226. The article emphasizes the necessity of self-restraint exercised by High Courts while reviewing matters from the Armed Forces Tribunal and affirms the jurisdiction of High Courts to interfere with its orders. Continue reading Exclusion of the High Court’s Writ Jurisdiction: Analysing the Appellate Mechanism from the Armed Forces Tribunal
In this post, the author highlights that he finds the notification by the Maharashtra government in conflict with the law made by the central government and therefore is not tenable and must be rendered infructuous. The article has exposed the inconsistency between the state government’s notification and the notification of the central government and pointed to some constitutional provisions and case laws allied thereto in showing such repugnancy renders the state law invalid, and the law made by the parliament takes precedence over such law. Continue reading Ban on the Operation of Bike- Taxi is bad in law- An analysis of the Maharashtra Government’s decision
In this post, the author discusses the power to modify arbitral awards as developed under section 37 of the Arbitration and Conciliation Act, 1996. This is recent development in the Delhi High Court which raises interesting prospects with regards to finality of arbitration and lack of guidance to such modification. The author deals with the question of whether the court has the power under section 34 to modify or remit the award. Lastly, the author attempts to interpret both the sections together to understand whether introducing such power is correct or not. Continue reading Reading in the Forbidden Procedure : Power to Modify Arbitral Orders Through Section 37
In this post, the author highlights how Chanda Kochhar’s charge of “Criminal Breach of Trust” provides the courts an opportunity to develop an individualised jurisprudence for section 409 of the Indian Penal Code. The existent jurisprudence surrounding section 409 conceptualises it as a mere footnote to the more general provision of section 405. Although the courts have previously acknowledged the distinct nature of section 409, the same acknowledgement and understanding is not reflected in their interpretative exercise. The author, thus, argues that the courts must culminate the tradition put into motion by the courts in these previous cases by harmonising the general provision of section 405 with section 409’s unique characteristics.
Continue reading Chanda Kochhar’s liability under IPC Section 409
The Journal Committee (“Committee”) at Dr. Ram Manohar Lohiya National Law University, Lucknow (“RMLNLU”), in collaboration with Nishith Desai Associates, is organising the 10th edition of the RMLNLU International Legal Essay Competition and Conference on Intellectual Property Rights and Technology Law (“RILEC”). The Conference and Workshop is to be conducted on 7th April, 2023 from 12 PM and 3 PM respectively. There will be a … Continue reading RMLNLU International Legal Essay Competition (RILEC) Conference and Workshop, 2023, being organized on 7th April in collaboration with Nishith Desai Associates.
In this post, the author highlights the challenges that the Indian subcontinent could face through the imposition and upliftment of the ban imposed by FIFA on AIFF. The repercussions are not inherently limited to the legal fallacies but also stretch to the possibility of stunting the socioeconomic growth of Indian Sports. With the clear disregard for the law and international principles governing sports law, the ban could ultimately put India on the map but in a negative light. Continue reading What Could the Suspension of AIFF by FIFA Mean for the Indian Sports Development?
In this post, the author highlights how the concept of parallel proceedings is a serious problem in the arbitration for a as it leads to inconsistent arbitral awards by different tribunals adjudicated on the same set of facts. The author critically analyses the application of legal doctrines of Res Judicata and Lis Pendens in parallel investor-state treaty arbitrations. They further explore the problem and discuss how parallel proceedings can be prevented in order to avoid the multiplicity of different awards. Lastly, they provide possible or alternate solutions to the above discussed problem to avoid the cost and multiplicity of proceedings. Continue reading Applicability of Res Judicata and Lis Pendens in the Self-Contained Investor-State Arbitration Regime
About RMLNLU Dr. Ram Manohar Lohiya National Law University is an institute for law in Lucknow, Uttar Pradesh, India. Dr. RMLNLU was established in the year 2005, and since then, has been providing undergraduate and post-graduate legal education. About the Pro Bono Club, RMLNLU The Pro Bono Club of RMLNLU, Lucknow was constituted to strengthen the Nyaya Bandhu (Pro Bono Legal Services) program which is … Continue reading Article Writing Competition by the Pro Bono Club & the Journal Committee, RMLNLU: Submit by 30th March 2023
In this post, the author analyses the meaning and scope of ‘forced labour’ under Article 23(1) by delving into the Constituent Assembly debates and the jurisprudence on forced labour. The author then relies on the standard in PUDR v. Union of India to analyse forced labour during the pandemic. Finally, the author argues against the applicability of the test of proportionality to Article 23, and thereafter concludes by highlighting the limitations of the transformative jurisprudence under Article 23.
Continue reading Analysing ‘Forced Labour’ Jurisprudence in light of the Pandemic