By Yash Tripathi, Nirma University Editor’s Note: This article presents a jurisprudential analysis of the landmark judgment of the Supreme Court in the case of Olga Tellis v. Bombay Municipal Corporation. FACTS The facts of the case are as such that the plight of people who live on pavements and slums […]
Precedents as a source of law
By Priyan Garg, Amity University, Uttar Pradesh Editor’s note: The judiciary adjudicates the rights and obligations of the citizens, as per legislation, customs as well as a sense of justice. Judges often also take guidance from previous decisions and rely on past interpretations of questions of law. Such instances or […]
Doctrine Of Sovereignty
By Jibin Mary George, Amity Law School, Delhi EDITOR’S NOTE:- The concept of sovereignty has been evolving since time immemorial. Since the World Wars, countries have stepped up their sensibilities towards their territorial limits. The recent South China Sea dispute highlighted how territoriality has extended itself to water bodies as […]
Economic Liberalisation and Response of Indian Judiciary
Economic liberalisation and respect for human rights are both highly topical issues. Both fields of law protect certain freedoms: economic development could lead to higher human rights standards and be used to secure compliance with human rights agreements. However the interaction between trade liberalisation and human rights protection is complex. The Indian judiciary has in its judgments consistently preserved as unassailable the economic and industrial policy of the Government of India. A study of the same has been made by the author in the following paper.
Ownership As A Social Concept
By Nidhi Kumari, CNLU INTRODUCTION The concept of ownership is one of the fundamental juristic concepts common to all systems of law. This concept has been discussed by most of the writers before that of possession. However, it is pointed out that it is not the right method. Historically, speaking […]
The Rule Of Law
By Abhishek Kumar, CNLU INTRODUCTION The rule of law primarily refers to the influence and authority of law within society,especially as a constraint upon behavior, including behavior of government officials. The idea of the rule of law can be traced back to at least the time of Aristotle who observed that given the choice […]
Victimology and Emerging Trends of Compensation
By Gurratan Wander, RGNUL and Harsimrat Kaur, Army Institute of Law, Mohali “Editor’s Note: More often than not, most discourses pertaining to criminal law, or the commission of mass crimes involve the element of criminology, and the principles of criminal law, including basic concepts such as mens rea or actus reus. However, […]
Common law efficiency
Tarunya Shankar Editor’s note: The common law system revolves around the concept of precedence and deals with laws which require interpretation from a duly appointed authority with requisite knowledge. It seeks to both determine the liability as well as award compensation to parties. This paper deals with the efficiency of […]
Elizabethan Jurisprudence: A Reading of the Trial Scene in “The Merchant of Venice”
By Akhil Mahesh, National University of Advanced Legal Studies, Kochi “Editor’s Note: William Shakespeare can be regarded as one of the best playwrights in England, and his play “The Merchant of Venice” is believed to have been written between 1596-1598. The play mainly revolves around a young man, Antonio, who […]
Law and Liberty
By Akanksha Dutta, SLS Pune Editor’s Note: Where concepts of ‘liberty’ present different concepts relating to freedoms, ‘law’ works on the same levels, but in a bid to maintain peace, security, and stability in society, seeks to control or limit that liberty. One would say that the two ideas are […]
The Concept of Separate Legal Entity in light of Corporations
Bhanu Srivastava RMLNLU, Lucknow “Editor’s Note: The paper deals with the concept of the separate legal identity of a Corporation; which is separate from its shareholders or its directors. The concept is looked at form the point of view of the origin of the separate identity of a Corporation and […]