Author: The RMLNLU Law Review Blog

The RMLNLU Law Review Blog is an online publication of Dr. Ram Manohar Lohiya National Law University, Lucknow. The Blog purports to facilitate publication of diverse perspectives on a range of issues concerning topics of contemporary legal significance and interest in the form of short, well informed opinions. The Blog was launched in July, 2015 and is edited and managed entirely by a small team of student editors at the University.
Criminal Procedure and Evidence

Limitation on S. 482, CrPC Application: An Obstruction to Justice?

In this article, the author Nankee Arora examines the recent jurisprudence on the inherent powers of the Court and analyses its effects on the access to justice. The article examines the ongoing discussion about the role of limitation periods in context of Section 482 of the CrPC, 1973. This piece analyses the reasoning of the Court in taking the position regarding the applicability of Section 482, to indicate that prohibiting litigants from filing a 482 application with inordinate delay does not dilute the power of the Court to deliver complete justice, instead it strengthens the position of the Court as an efficient forum for justice by upholding the principles of reasonableness, fairness and prudency that are essential to the legal framework of the country. Continue reading Limitation on S. 482, CrPC Application: An Obstruction to Justice?

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Intellectual Property

Cracking Down on Piracy: A Closer Look at the Cinematograph (Amendment) Bill, 2023

In this article, the authors delve into the recently passed Cinematograph (Amendment) Bill of 2023 and its objectives in addressing the persistent problem of film piracy in India. It introduces stringent provisions against unauthorized film recording and exhibition. The authors highlight that the success of the bill hinges on effective implementation and a multifaceted approach, emphasizing the necessity for collaborative efforts, technological interventions, and public awareness to shield the country’s entertainment industry from the widespread threat of piracy. Continue reading Cracking Down on Piracy: A Closer Look at the Cinematograph (Amendment) Bill, 2023

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Animal Rights

Everybody’s Suffering Matters: An Animal’s Right to Life

In this article, the authors discuss the evolving perspective on animal rights in India’s legal system. Despite initial strides towards recognizing the intrinsic value of animal life, there are perplexities and inconsistencies. The article highlights cases like the jallikattu ban and dog euthanasia, revealing an anthropocentric bias and issues with consent. The author suggests the need for legal amendments to truly protect and respect animal life, aligning with global trends in environmental consciousness. The article ultimately calls for a shift towards a more holistic and compassionate approach to all life forms, in line with the Indian ethos of vasudhaiva kutumbakam. Continue reading Everybody’s Suffering Matters: An Animal’s Right to Life

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Information Technology, Securities

Addressing Market Rumors via the LODR Amendment: Necessity of the Hour or a Regulatory Flaw?

In this article, the authors discuss the recent amendments to India’s securities regulations, particularly focusing on the introduction of mandatory verification of market rumors by top-listed companies. They examine the objectives behind this amendment, which aim to enhance transparency, market stability, and fairness. The authors also present concerns about the practicality and potential unintended consequences of requiring companies to confirm, deny, or clarify every piece of information reported in mainstream media, especially regarding rumors. They compare this approach to the United States’ stance on addressing rumors in the securities market, highlighting the challenges and complexities associated with the new Indian regulation. Ultimately, the article raises questions about the feasibility and effectiveness of the amendment and calls for a shift in mindset to successfully implement these changes. Continue reading Addressing Market Rumors via the LODR Amendment: Necessity of the Hour or a Regulatory Flaw?

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Securities

Towards Sustainable Finance: Strengthening the Credibility of Green Bonds

In this article, the author delves into the dynamic realm of green bonds, a form of debt instrument dedicated to funding environmentally beneficial projects. The escalating global focus on sustainability has propelled the green bond market to exceed $700 billion, gaining steady traction from issuers and investors. India’s recent foray into this market, marked by its inaugural Sovereign Green Bond in 2023, underscores the nation’s commitment to sustainable finance. Despite these advancements, concerns over “greenwashing” prompt regulatory action. The Securities and Exchange Board of India (SEBI) has introduced stringent regulations, aiming to enhance transparency and accountability. The article scrutinizes SEBI’s initiatives, addresses their limitations, and proposes innovative solutions for fostering a robust green bond market in India. Through meticulous implementation, India can bolster its commitment to sustainability while navigating potential challenges. Continue reading Towards Sustainable Finance: Strengthening the Credibility of Green Bonds

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Arbitration

Strengthening the Enforceability of Consent Awards in Arbitration: Rethinking Grounds for Set-Aside

In this article, the author discusses the concept of “consent awards” in the context of arbitration proceedings in India. These awards are issued when parties in dispute agree to settle on specific terms, leading to the arbitral tribunal passing an award based on these agreed terms. He considers whether there should be an alternative procedure for challenging such awards, different from the procedure for challenging regular arbitral awards. While acknowledging the necessity of allowing some form of recourse against consent awards, the author argues for narrowing down the grounds for setting them aside. The author highlights recent developments, including a Delhi High Court judgment emphasizing the enforceability of foreign consent awards, and the establishment of an expert committee to reform arbitration laws. The ultimate goal is to minimize unnecessary judicial intervention, strengthen the enforcement of consent awards, and uphold the sanctity of settlements reached through arbitration. Continue reading Strengthening the Enforceability of Consent Awards in Arbitration: Rethinking Grounds for Set-Aside

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Property Law

Attempting to Locate Compassion within the Constitution: Visiting the Jallikattu Judgment

In this article, the author analyzes a recent unanimous judgment by a five-judge constitutional bench upholding amendments to the Prevention of Cruelty to Animals Act, 1960, by states like Tamil Nadu, Karnataka, and Maharashtra. The Court’s reluctance to reassess its prior rulings and its handling of the issue are scrutinized, highlighting its departure from precedent and potential implications for animal rights within constitutional bounds. Continue reading Attempting to Locate Compassion within the Constitution: Visiting the Jallikattu Judgment

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Property Law

Over Application of Section 10: The Case of Family Arrangement in India Part- II

In this article, the author examines the absence of a specific sub-section for “family arrangements” under Section 10 of the Transfer of Property Act (TPA) and its resulting implications. This absence has led to significant inconsistencies in how courts apply the section, with some cases not using it at all and others applying it with varying justifications. The author highlights instances where the section was deemed inapplicable due to family arrangements not being considered transfers, and how courts have sometimes incorrectly applied Section 10 principles or over-applied them. This inconsistency causes time losses and complicates legal analysis. The author proposes that “family arrangements” should be added as a sub-section under Section 10, clarifying its applicability and addressing issues related to inconsistency, time consumption, and legal interpretation. This addition would provide clear guidance on the use of Section 10 principles for family arrangements and enhance legal precision. Continue reading Over Application of Section 10: The Case of Family Arrangement in India Part- II

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Property Law

Over Application of Section 10: The Case of Family Arrangement in India

In this article, the author examines the potential over-application of Section 10 of the Transfer of Property Act in India, focusing on family arrangements. The Act’s precision centers on transfers, but complications arise due to the reliance on free property circulation. Section 10’s application hinges on the definition of “transfer” under Section 5, leading to varied interpretations. Family arrangements, informal agreements among family members for property distribution, fall into this scope. While not strictly transfers, courts have applied Section 10 principles to uphold property transfer rights based on justice, equity, and good conscience. The author argues for adding family arrangements as a sub-section under Section 10 for a more consistent framework. Continue reading Over Application of Section 10: The Case of Family Arrangement in India

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Competition Law

Going the European Way? Defining ‘Substantial Business Operation’ in Competition Act, 2023

In this article, the author examines the recent Competition Law Amendment Bill in India, which introduces the concept of “substantial business operation” to regulate combinations in the market and curb monopolistic practices. The need for qualitative thresholds arises due to the limitations of quantitative measures in capturing the impact of mergers and digital platform dominance. The article compares India’s approach with the European Union, Germany, and the UK, which also use qualitative thresholds for defining dominant players. The author urges India’s Competition Commission (CCI) to carefully implement the definition, considering the unique Indian market and potential effects on innovation and startups. Continue reading Going the European Way? Defining ‘Substantial Business Operation’ in Competition Act, 2023

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