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
In this article the author has analysed the implications of sharing of “Big Data” throughout the various platforms that come under the recently launched umbrella company “Meta”. The author explores these implications by talking about the questions of compromise of consumer policy, effects on user data privacy and the possible reduction in quality of services due to this sharing of Big Data. Continue reading Meta Merger: ‘Big Data Sets’ Evading Sphere of Privacy and Competition Law
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 Writing Competition (“Competition”). Continue reading Call for Entries: 10th RMLNLU-Nishith Desai Associates Conference and Legal Essay Competition on Intellectual Property Rights and Technology Law: Submit by 9 December 2022. (Extended)
The Apex Court has unequivocally highlighted its quest to bid adieu to entrenched gender inequalities, especially the forms which stem from stereotypical notions. The author of this article analyses the landmark decision in Babita Puniya and inspects the gendered underpinnings of the ‘difficulties’ which are attributed to having women officers in command positions. Continue reading The Case for ‘She’roes in the Army: Unscrambling the Gendered Underpinnings through Babita Puniya