Indian Journal for Research in Law and Management
Advancing Law and Management
ISSN No. : 2583-9896
ISSN No. : 2583-9896
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Abstract
In 1966, a bench of five judges of the Supreme Court delivered a judgment on the fate of the villagers of Berubari Union No. 12, Jalpaiguri, farmers who had cultivated ancestral lands for generations, had already endured displacement during Partition, and were now facing a second uprooting, not through war or conquest, but through a […]
Abstract
The emergence of emergency arbitration as a mainstream feature of international commercial dispute resolution has placed considerable strain on statutory frameworks designed with a traditional, tribunal-centric model in mind. The Arbitration and Conciliation Act, 1996 (hereinafter ‘the Act’) was enacted at a time when the notion of a single arbitrator appointed by an institution within […]
Abstract
The Constitution of India created State monopolies in the public interest, and Coal India Limited was one such product of its design. The Competition Act, 2002, was enacted to hold all market players accountable for abusive conduct. For two decades, these two frameworks existed in tension, as State enterprises claimed constitutional immunity from competition law. […]
Abstract
According to the World Intellectual Property Organization (WIPO), arbitration is defined as” A procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court. […]
Sentencing to Death: An Analysis of the Rarest of Rare Doctrine and Its Application in Indian Courts
Abstract
Abstract When does a crime become so unforgivable that the State is justified in taking a life in return? Every legal system that permits the state to take a life carries an enormous burden, the burden of justification. In India, that justification rests on a single phrase coined by the Supreme Court in 1980: the […]
Sentencing to Death: An Analysis of the Rarest of Rare Doctrine and Its Application in Indian Courts
Abstract
Abstract When does a crime become so unforgivable that the State is justified in taking a life in return? Every legal system that permits the state to take a life carries an enormous burden, the burden of justification. In India, that justification rests on a single phrase coined by the Supreme Court in 1980: the […]
Abstract
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the POSH Act, completed ten years since its enactment. It was a significant step forward, giving legal shape to the Vishaka Guidelines and bringing domestic workers and unorganised sector employees within its scope. This article takes an honest look […]
Abstract
Section 66A of the Information Technology Act, 2000 gave the police wide powers to arrest anyone for posting content online if someone else found that content offensive or annoying. It was used repeatedly by the authorities to silence political opinions, satirical posts, and everyday criticism. In Shreya Singhal v. Union of India (2015) 5 SCC […]
Abstract
Cheque bounce is a growing legal problem in India, with over 35 lakh cases pending in courts. Section 138 of the Negotiable Instruments Act, 1881 makes cheque dishonour a criminal offence and gives the payee a clear remedy. This article explains, in simple terms, the conditions required to file a complaint, the step-by-step procedure from […]
Abstract
Detainee testimonies from periods of constitutional crisis, particularly during the Emergency (1975–1977) in India, have played a significant role in shaping the interpretation and evolution of fundamental rights and emergency provisions under the Constitution. These personal narratives exposed the misuse of state power, arbitrary detentions, suspension of civil liberties, and the weakening of judicial safeguards. […]