Category: Posts

Posts

The RMLNLU Law Review Blog reaches 2 lakh (200,000) views milestone !

The RMLNLU Law Review Blog Team and the Journal Committee are delighted to share that the RMLNLU Law Review Blog has reached the coveted milestone of 2 lakh (200,000) views on the blog site. Having started in only 2015, the Blog Team is proud that the blog has been able to reach this milestone within just 6 years, with its small team of editors and … Continue reading The RMLNLU Law Review Blog reaches 2 lakh (200,000) views milestone !

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Arbitration, Dispute Resolution

Presiding Arbitrator’s Appointment by a Co-Arbitrator: Analysis of Confutable Validity

In this post, the authors examine the validity of the unilateral appointment of presiding arbitrator by one party-appointed arbitrator through the prisms of party autonomy and equal treatment of parties. They further differentiate the appointment of the presiding arbitrator from that of the sole arbitrator and analyse whether the threshold of procedural equality between the parties is met. Continue reading Presiding Arbitrator’s Appointment by a Co-Arbitrator: Analysis of Confutable Validity

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Contract, Posts

Model Tenancy Act 2020: A Remedy Subject to Acceptance

In this post, the authors explore the recently approved Model Tenancy Act 2021 which introduces a three-tier adjudicatory mechanism for speedy adjudication of tenancy disputes. The authors undertake an analysis of the manner in which the various provisions of the Model Tenancy Act, 2021 may solve the issue of the tenants retaining the possession of the leased premises even after the determination of tenancy. Continue reading Model Tenancy Act 2020: A Remedy Subject to Acceptance

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Foreign Law, Human Rights, International Law

Examining the Humanitarian Intervention Doctrine in International Law Through the Prism of 2021 Afghanistan Crisis

In this post, the author evaluates the Doctrine of Humanitarian Intervention through the prism of the 2021 intervention of Afghanistan by the Taliban. The author further analyses the extent to which other States can aid Afghanistan in this crisis and the extent to which use of force is allowed in such circumstances. Continue reading Examining the Humanitarian Intervention Doctrine in International Law Through the Prism of 2021 Afghanistan Crisis

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Intellectual Property, Posts

Whose Photo is it, really?: Dichotomy of rights and copyrightability of paparazzi photographs

In this post, the authors argue that the Copyright Act, 1957 has not kept pace with the technological advances, such as the rise of social media giants and the concomitant growing legal discourse on the publicity rights of a celebrity. The authors in this article analyse dichotomy and suggest a balancing approach to accommodate the celebrity’s concerns of publicity rights as well as the paparazzi photographer’s copyright over the photograph. Continue reading Whose Photo is it, really?: Dichotomy of rights and copyrightability of paparazzi photographs

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Constitutional Law, Criminal Law, Jurisprudence

Analysing the Scheme of Open Texture of Legal Language in the Goonda Act, 2021 (Part 2)

The second part of the series uses Ronald Dworkin to elaborate upon how constitutional rights would function as limitations that must be observed by courts to ensure that the interpretive discourse retains ‘justice-qualities’ in the light of broad and vague provisions of the Goonda Act. Continue reading Analysing the Scheme of Open Texture of Legal Language in the Goonda Act, 2021 (Part 2)

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Constitutional Law, Criminal Law, Jurisprudence, Posts

Analysing the Scheme of Open Texture of Legal Language in the Goonda Act, 2021 (Part 1)

This blog series throws light upon the controversy surrounding ‘Lakshadweep Prevention of Anti-Social Activities Regulation 2021’ using the understanding of the core and penumbra. The first part of the series shows how open texture inhabits most of the provisions of the Goonda Act and how it can prejudice the adjudication process. Further, the first part shows that reversion to ‘rights’ as indicators of ‘justice-quality’ of judicial discourse is apt in ‘Hard Cases’ in the backdrop of the Goonda Act. Continue reading Analysing the Scheme of Open Texture of Legal Language in the Goonda Act, 2021 (Part 1)

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Constitutional Law, Posts

Conferment of designation of Senior Advocate: Are the Indira Jaising guidelines enough? (Part 1)

In this post, the author takes a look at the procedure of designation of Senior Advocates in the pre-Indira Jaising era, then proceeds to venture into the debate surrounding the designation itself and finally analyses the current position of law in the post-Indira Jaising era. Continue reading Conferment of designation of Senior Advocate: Are the Indira Jaising guidelines enough? (Part 1)

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Constitutional Law, Posts, Public Policy

The UP-Draft Population Control Bill: An Archetype of Misguided Policy-Making

In this post, the authors explore the various provisions of the proposed The Uttar Pradesh Population (Control, Stabilisation and Welfare) Bill, 2021, and analyse it from constitutional and sociological perspectives. The authors conclude with their take on the need, legality and effectiveness of the proposed measures. Continue reading The UP-Draft Population Control Bill: An Archetype of Misguided Policy-Making

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