Judicial Activism: Right to live in a pollution free environment

Author: Shashank Sahay, Research Associate The right to live in a clean and healthy environment is not new to the Indian Judiciary. This right has been recognized by the legal systems and by the judiciary in particular over a reasonable passage of time. The only difference in the enjoyment of the right to live in a clean and healthy environment today is that it has attained the status of a fundamental...

Major Elements of Crime

Author: Sibani Panda, Research Associate  “It might be pardonable to refuse to defend some men, but to defend them negligently is nothing short of criminal.” –  Marcus Tullius Cicero The law of crimes has been known through all ages of our civilization. It is recognized on all hands that apart from liability for reparation or compensation , which everyone who wrongs another must incur and...

Telangana : At 67, was India prepared to divide?

Author: Ekagra Jain, Research Associate The Benefits, Repercussions and Consequences of a New State with respect to the current Indian scenario To protect the unity and integrity of India, Article 2 & 3 of the Constitution of India vests the power to create new states in the Parliament, which may pass law on the subject. The Parliament is also empowered to alter the boundary of any state and even...

Protection of environment under Indian Constitution

Author: Nivedita Saxena, Research Associate The constitution of any country is the basic source of law, and the provisions of all other laws are subject to the provisions of the constitution itself. The Indian constitution is amongst the few in the world that contains specific provisions on environment protection.The various provisions of the constitution highlight the national consensus on the importance...

Public Trust Doctrine

Author: Anshu Bansal, Research Associate In the Common Law jurisprudence, a trust is “the legal relationship between one person having an equitable ownership in property and another person owning the legal title to such property”1. In the context of the public trust doctrine, the legal title is vested in the state and the equitable title in the public. Thus the state is responsible as trustee...

Refugee Crisis and the right to receive asylum

Author: Donia Joevion Fuller, Research Associate Prior to World War II, the dominant thought in relation to the rights of humans vis-a-vis international law and the state was that humans were objects rather than subjects of international law. This was primarily because international law as then understood concerned the rights and duties of states in their relationship with other states. Therefore,...

6th Justice Hidayatullah Memorial National Moot Court Competition

(HNMCC)  [18th  October 2013 to 20th October, 2013]. 6th Justice Hidayatullah Memorial National Moot Court Competition (HNMCC) on Competition Law and International Trade Law will be organized by Hidayatullah National Law University, Raipur from 18th  October 2013 to 20th October, 2013. The competition is open only for bona fide students of recognized Institutions/ Universities/ Organisations who...

Constitutional Provisions and Legislative Policies for Environment Protection in India

Author: Akshay Shandilya, Research Associate In India, environment was hailed highly in the ancient and medieval eras but till 1976 there were no major legislations relating to environmental protection. It was the Stockholm Conference on Environment and Development which exerted great influence on environmental policymaking leading to an amendment of the Constitution, passage of important legislations...

Information Technology and Open Source Software: Issues and Challenges

[21-22 Sept]; Submit by Sept 10. In order to create awareness about the importance of free and open source software and its various dimensions, Hidayatullah National Law University, Raipur, Chhattisgarh, is organizing a Two ­Day National Seminar on “Information Technology and Open Source Software: Issues and Challenges “on 21st and 22nd September, 2013. The seminar endeavours to examine the interface...

Private Company: What it is?

Author: Abhinav Gaur, Research Associate What is a Private Company? Section 3(1) (iii), as amended by the Companies (Amendment) Act, 2000, provides that a private company means a company which has paid-up capital of Rs. 1 lakh or such higher paid-up capital as may be prescribed, and by its articles of association: restricts the right of members to transfer shares, if any; limits the number of its...

Environment V. Development

Author: Garima Singh, Research Associate “By destroying nature, environment, man has committed matricide, having in a way killed mother earth. Technological excellence, growth of industries economical gains have led to depletion of natural resources irreversibly, indifference to the grave consequences, lack of concern and foresight have contributed in large measures to the alarming position1. – Justice...

Stake of Victim in Herding Criminal Prosecutions: A Case for Victimology

Nirati Gupta, Asst. Prof., Law Centre – I, Faculty of Law, University of Delhi Victims meet with accidents because of some negligent driver on the road, they are sometimes beaten on street, have their homes vandalized, sometimes have their handbags or wallets stolen on the street. Then they are often double-victimized, the second insult being inflicted by the authorities. Law enforcement personnel,...

An introduction to law of crimes

Author: Pragnya Vasishtha, Research Associate The concept of criminal law has its roots in various traditions. India, having a substantial part of its law derived from the Common Law traditions, a brief overview on the development of criminal law in the western ideology becomes necessary prior to discussing the concept of crime. As per Richard Frase, there are three things every law student (and lawyer)...

Nature of arbitration agreement

Author: Pankaj Sevta, Research Associate In the present commercial regime, due to the complex and time consuming procedure of courts in tradition dispute settlement, Arbitration with its arbitration clause or agreement can be witnessed as one of the effective way of ADR. It aids the respective parties to protect their existing as well as future probabilities of disputes. An arbitration agreement basically...

Concept of legal regime of Public, Private, Government Companies and PSUs

Author: Dibya Nanda, Research Associate A legal regime is nothing but a system of principles and rules governing something, and which is created by law. Every aspects of human life are governed by some kind of rules or regulations, be it social, political, personal or economical. Company is a very important part of economic aspects of human life. The branch of law which exclusively deals with all matters...

Finally, premises for Justice made safe for Female Advocates

Reported by K Shivani Prasad The Supreme Court in its recent case of Ms. Binu Tamta & Anr .V High Court of Delhi & Ors outlined a new meaning of sexual harassment inclusive of “sending of undesirable sexually colored text or voice messages or sexually explicit material to women advocates and also stalking”. A writ petition was filed by two Supreme Court Advocates, Ms. Binu Tamta and Ms....

Article 265 and the Authority to impose Tax: An Overview

Author: Bineet Kedia, Lecturer-in-Law, Amity University Rajasthan The origin of the word ‘tax’ is from ‘taxation’ which means an estimate. In India, the system of direct taxation has been in force in one form or another even from ancient times. There are references both in Manu Smriti and Arthasastra to a variety of tax measures. Manu, the ancient stage and the law giver, cautioned the king...

Damages under Indian Contract Act

Author: Sourish Saha, Research Associate Damages are of two types, liquidated and unliquidated. Liquidated damages1may be defined as the amount of the damages has been ascertained by the judgment in the action or when a specific sum of money has been expressly stipulated by the parties to a bond or other contract as the amount of damages to be recovered by either party for a breach of the agreement...

Call for Applications – Lex-Warrier: Online Law Journal

Lex-Warrier: Online Law Journal invites application for the following positions. Reporters/Campus Journalist Lex-Warrier: Online Law Journal invites application for Reporters & Campus Journalists for its News Division. Eligibility: Shall be a law student Regular reader of Newspapers Passion towards legal research Active in social media Features: Major functions a Reporter/Campus Journalists are...