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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Contract, Intellectual Property, Posts

Copyrights and Comments: The Value of Opinions

In this post, the author discusses the ever increasing relevance of online comments and whether they carry value or not, and if they do, who is the rightful owner of the content. The author further analyses how the owner of such value carrying content may be determined and discusses a way forward to simplify the process for the Indian legal regime. Continue reading Copyrights and Comments: The Value of Opinions

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Call for Papers, Posts

Call for Entries: 9th RMLNLU-Khaitan & Co Conference & Essay Competition on Labour Laws (Submission Deadline Extended – 17 October 2021)

The Journal Committee (“Committee”) at Dr. Ram Manohar Lohiya National Law University, Lucknow (“RMLNLU”), in collaboration with Khaitan & Co, is organising the 9th edition of the RMLNLU International Legal Essay Writing Competition (“Competition”) along with the RMLNLU-Khaitan & Co. Conference on Labour Laws. Continue reading Call for Entries: 9th RMLNLU-Khaitan & Co Conference & Essay Competition on Labour Laws (Submission Deadline Extended – 17 October 2021)

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Posts

The Downing of Flight PS752: Mistake of Fact and Self-Defence in International Law

In this post, in the background of downing of flight PS752, the authors analyse the right of self-defence under Article 51 of the UN Charter and determine whether Iran could take recourse to it without admitting to its mistake of fact. They also analyse the state practice on use of force in self-defence due to a mistake of fact. The article further explores whether state responsibility should be subjected to an objective or subjective standard under such circumstances. Finally, the authors look at Iran’s jus ad bellum obligations in light of the investigation report by the UN Special Rapporteur and suggest a strict liability rule for determining state responsibility under such circumstances. Continue reading The Downing of Flight PS752: Mistake of Fact and Self-Defence in International Law

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Criminal Law, Criminal Procedure and Evidence

Anticipatory Bail to Juveniles(?): A Dilemma Unresolved

In this post, the author analyses the applicability of Anticipatory Bail under section 438 CrPC to the Juvenile Justice Act, 2015. The author argues that in the absence of concrete guidelines and judgment by the Supreme Court on the issue, there is an absence of uniform approach adopted by the High Courts which has led to the divergence of opinion amongst them, which has resulted in the need for urgent judicial intervention of the apex court. Further, the author analyses both sides of the argument to and for application of section 438 CrPC to JJ Act and proposes a way forward.
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Constitutional Law, Information Technology, International Law, Posts

A Discourse on Global Takedowns vis-a-vis X v. Union of India

In this post, the authors attempt to highlight the positive and negative effects of the recent judgement of X v. Union of India vis-a-vis global blocking. The authors discuss the right to be forgotten, in relation to global blocking, and the implications therein. Finally, the authors lay down their suggestions, citing the requirement for legislation which deal in particular with this concept, in order to avoid arbitrariness, and to ensure that justice is upheld.
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Criminal Law, Criminal Procedure and Evidence

To Repair a Damaged Rape-Shield

In this post, the author discusses rape-shield laws and how the recent Tarun Tejpal v. State of Goa judgment has wide implications for the confidence that survivors place in the justice system. The author also discusses the revictimisation of rape survivors, the need for reinforcing India’s rape shield laws, and how inspiration for the same may be drawn from other jurisdictions. Continue reading To Repair a Damaged Rape-Shield

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