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Journal articles on the topic 'India. Gauhati High Court'

Author: Grafiati

Published: 28 July 2024

Last updated: 31 July 2025

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1

KHORAKIWALA, Rahela. "Legal Consciousness as Viewed through the Judicial Iconography of the Madras High Court." Asian Journal of Law and Society 5, no. 1 (2018): 111–33. http://dx.doi.org/10.1017/als.2017.33.

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AbstractThe Madras High Court located in Chennai, India, was established in 1862 when India was under colonial rule. It continues to exist in post-independence India after merging into the Indian legal system. In this study, I argue that the architecture and judicial iconography of the Madras High Court building reflects a recurring historical tension between Indian and British concepts of justice. This is continually reflected in the semiotics of the legal space of this high court which in turn influences the legal consciousness of the court personnel who utilize this space. This architecture

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Dr. Ganesh Dubey and Dheerendra Singh. "National Judicial Commission In India: The New Challenge." Legal Research Development: An International Refereed e-Journal 1, no. I (2016): 67–82. http://dx.doi.org/10.53724/lrd/v1n1.09.

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Art. 50 of our constitution provide - separation of powers and independent judiciary (under directive principles) and Art. 13 of the Indian constitution provide vital power to amend any new statute and empowered to Supreme Court to check the constitutional validity of particular act/statute. For much of its history the Indian judiciary has been regarded as largely fair and incorruptible. No action was taken on the bill but the system of Supreme Court appointments that it envisaged was mandated three years later by the Supreme Court itself. In Supreme Court Advocates-on-Record Association vs. U

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Gehlot, Ashwini, and Aklovya Panwar. "Jurisdiction for online trade mark infringement in India." Journal of Intellectual Property Law & Practice 15, no. 3 (2020): 152–54. http://dx.doi.org/10.1093/jiplp/jpaa017.

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Abstract Impresario Entertainment & Hospitality Pvt Ltd v S & D Hospitality, 2018 Cs (Comm) 111/2017, Delhi High Court, 3 January 2018 In Impresario Entertainment & Hospitality Pvt Ltd v S & D Hospitality, the Delhi High Court clarified the issue of jurisdiction regarding trade mark infringement arising out of acts committed on the Internet. The Court upheld its earlier decision of Banyan Tree Holding (P) Limited v A Murali Krishna Reddy & Anr, 2009 and solved the conflicting decisions over the issue.

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Prashant, Kumar. "INDEPENDENCE OF JUDICIARY IN INDIA." International Journal of Human Resource & Industrial Research, Vol.1, Issue 8, Dec-2014, pp 01-08 1, no. 8 (2014): 01–08. https://doi.org/10.5281/zenodo.10690779.

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  Importance of independence of the judiciary is very important facet of democracy, like our country. Independence of judiciary can be achieved by prohibiting interference from the Government (<em>i.e.</em> legislature and executive).In a democratic set up only an impartial and independence judiciary can protect the rights of person and can provide justice without fear or favour. Therefore it is important that all the judicial system (<em>i.e.</em> Supreme Court, High Court and District Court/ Lower Court) should be allowed to perform its function without any pressure. In a democratic cou

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Oza, D. K., and Rajiv Bhatt. "Litigation Hampers a Country\'s Development - Study on National Highway Projects." International Journal for Research in Applied Science and Engineering Technology 11, no. 10 (2023): 724–30. http://dx.doi.org/10.22214/ijraset.2023.56086.

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Abstract: Court proceedings and litigation are on the rise globally. The judiciary is having trouble keeping up with the daily rise in lawsuits. Litigation impedes the development of the nation. Both developed and developing nations have their unique systems for conducting legal proceedings. The legal proceeding is intricate, time-consuming, and expensive. Each nation allocates a larger portion of its budget to infrastructure since it helps the nation's socioeconomic development. The study area is considered a national highway project of India. In this study, the eleven-year litigation data wa

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Sarma, Usha, Leena Talukdar, and Nayana Bora. "Incindental Detection of Gall Bladder Carcinoma Post Cholecystectomy Done for Benign Lesions- A Study in a Tertiary Care Centre of North East India." Asian Pacific Journal of Cancer Biology 8, no. 3 (2023): 227–30. http://dx.doi.org/10.31557/apjcb.2023.8.3.227-230.

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Background: Incidentally discovered gall bladder cancer (IGBC) is defined as the gall bladder cancer diagnosed during or after the cholecystectomy done for unsuspected benign lesion of GB. There is high incidence of gall bladder carcinoma in North, East, North East and central Indian regions as compared to South and West India.Methods: The present study was conducted at the Gauhati Medical College and hospital (GMCH), Guwahati, Assam for a period of 1 year (January - December 2022). 0.5% cholecystectomy specimens were microscopically diagnosed as incidental gall bladder carcinoma in our study.

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Raj, Yash, Vishwa Patel, and Sannidhi Buch. "Marrying innovative bride with competitive groom: Delhi High Court accepts jurisdiction of CCI on abuse of dominance." Journal of Intellectual Property Law & Practice 15, no. 11 (2020): 862–64. http://dx.doi.org/10.1093/jiplp/jpaa144.

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Abstract Monsanto Holdings Pvt Ltd v Competition Commission of India, WP(C) Nos 1776/2016 and 3556/2017, High Court of Delhi, New Delhi, judgment of 20 May 2020 by Mr Justice Vibhu Bakhru The Delhi High Court, in the case of Monsanto Holdings Pvt Ltd v Competition Commission of India, held that the Competition Commission of India has jurisdiction to examine and investigate any perceived anti-competitive practice or abuse of dominant position by any undertaking in matters relating to the rights of patentees under the Indian Patent Act 1970.

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Panwar, Aklovya, and Ashwini Gehlot. "Intermediary liability for trade mark infringement in India: the Louboutin case." Journal of Intellectual Property Law & Practice 15, no. 3 (2020): 150–52. http://dx.doi.org/10.1093/jiplp/jpaa015.

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Abstract Christian Louboutin SAS v Nakul Bajaj and Ors, CS (COMM) 344/2018, Delhi High Court (Prathiba M Singh J), 2 November 2018 In Christian Louboutin SAS v Nakul Bajaj and Ors, the Delhi High Court has given for the first time an indispensable ruling to clarify the responsibility and liability of online intermediaries for trade mark infringement. In a subsequent judgment in L’Oreal v Brandworld & Anr (CS(COMM) 980/2016, Prathiba M Singh J, 12 November 2018), the same court has confirmed the approach taken in Louboutin.

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Agarwal, Devika, and Radhika Agarwal. "Delhi High Court broadly interprets the Bolar exemption in India." Journal of Intellectual Property Law & Practice 12, no. 8 (2017): 623–24. http://dx.doi.org/10.1093/jiplp/jpx119.

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Archana, Singh, Prasad Virendra, Rajkhowa Sanchayita, D. Tripathi Vishwa, and K. Tiwari Vinod. "Synthesis of glycosylated aminothiol from D-glucose as promising anti-tubercular agent." Journal of Indian Chemical Society Vol. 97, Feb 2020 (2020): 213–25. https://doi.org/10.5281/zenodo.5651696.

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Department of Chemistry, Institute of Science, Banaras Hindu University, Varanasi-221 005, Uttar Pradesh, India <em>E-mail</em>: tiwari_chem@yahoo.co.in, vinod.tiwari@bhu.ac.in Department of Chemistry, Gauhati University, Guwahati-781 014, Assam, India Department of Chemistry, M. K. College, L. N.Mithila University, Darbhanga-846 004, Bihar, India <em>Manuscript received online 29 September 2019, revised and accepted 18 January 2020</em> A facile method for a series of novel glycosylated β-aminothiols by employing TBAB/NEt<sub>3</sub> -catalyzed ring opening of thiirane ring of D-glucose-

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A, Alin Gedsi. "Writs under Article 32 and 226." International Journal for Research in Applied Science and Engineering Technology 11, no. 1 (2023): 130–35. http://dx.doi.org/10.22214/ijraset.2023.48494.

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Abstract: A writ solicitation can be nominated as a formal written order issued by a judicial authority who possesses the authority to do so. The meaning of the word ‘Writs’ means command in writing in the name of the Court. It's a legal document issued by the court that orders a person or reality to perform a specific act or to cease performing a specific action or deed. In India, writs are issued by the Supreme Court under Article 32 of the Constitution of India and by the High Court under Article 226 of the Constitution of India. There are 5 kinds of writs which are mentioned in the composi

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Sönmez, Tayfun, and M. Bumin Yenmez. "Affirmative Action in India via Vertical, Horizontal, and Overlapping Reservations." Econometrica 90, no. 3 (2022): 1143–76. http://dx.doi.org/10.3982/ecta17788.

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Sanctioned by its constitution, India is home to the world's most comprehensive affirmative action program, where historically discriminated groups are protected with vertical reservations implemented as “set asides,” and other disadvantaged groups are protected with horizontal reservations implemented as “minimum guarantees.” A mechanism mandated by the Supreme Court in 1995 suffers from important anomalies, triggering countless litigations in India. Foretelling a recent reform correcting the flawed mechanism, we propose the 2SMG mechanism that resolves all anomalies, and characterize it with

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Pattnaik, Pinaki Nandan, Satyendra C. Pandey, and Mahendra Kumar Shukla. "Mapping critical success factors in efficient court management: two case studies from India." International Journal of Law and Management 60, no. 2 (2018): 717–29. http://dx.doi.org/10.1108/ijlma-03-2017-0023.

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Purpose The purpose of this study is to identify and develop an understanding of various success factors in implementing an efficient court management system by the court managers employed at the trial courts and high courts in India. Court management implies using a professional approach using managerial tools and techniques in managing courts. Design/methodology/approach This study is based on a case study with two Indian states demonstrating efficiency in judicial operation with the adoption of court management techniques. Semi-structured interviews with the court registry, court managers,

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Bharadwaj, Ashish, and Srajan Jain. "Philips v Bansal and Bhagirathi Electronics: India's first decision on the infringement of a standard essential patent." Queen Mary Journal of Intellectual Property 9, no. 3 (2019): 346–50. http://dx.doi.org/10.4337/qmjip.2019.03.06.

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The Delhi High Court considered the law and policy issues around standard essential patents in India. While the court adopted a very internationalist approach to the issue it included many unfortunate findings, which are explored here.

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Sharma, Anjani Kumar. "Refugees in India: Law and Policies Enforcement." RESEARCH HUB International Multidisciplinary Research Journal 9, no. 8 (2022): 18–24. http://dx.doi.org/10.53573/rhimrj.2022.v09i08.004.

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Refugee a term denotes about a critical situation of person in which he had to left his nation. Humanitarian Approach or fundamental rights also denied in respect of refugee. Many international conventions issued to protect fundamental rights of refugee. Some major factor reflects behind this problem like, religious, political, regional etc. Indian constitution give protection to refugee under article 21 and many supreme court or high court judgement also gave supporting judgement regarding violation of fundamental or human rights of refugee 1951 convention on refugee or 1967 protocol played a

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Sandhu, Amit Jyoti. "Delhi High Court identifies limitations to architects’ moral rights in case of demolition of buildings." Journal of Intellectual Property Law & Practice 14, no. 8 (2019): 599–600. http://dx.doi.org/10.1093/jiplp/jpz094.

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Sayed, Qudrat Hashimy. "The Legal Implications of "Perverse, Arbitrary, and Mala Fide" as Explicit Grounds for Challenging Credit Ratings in India." Dynamic Research Journals 3, no. 1 (2022): 09–14. https://doi.org/10.5281/zenodo.7606495.

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Recently, the Delhi High Court delineates and circumscribes the scope of liability of Credit Ratings Agencies in the case of Jindal Power Limited v. ICRA Limited. The HC remarkably enumerated the grounds on which companies can challenge ratings issued by CRAs. The Court reasoned that CRAs provide expert opinions, with which the Court cannot interfere unless they are proved to be ‘perverse, arbitrary and mala fide’. Additionally, the case clarifies that CRAs are bound to observe the obligations as mentioned in the regulations and the same cannot be done away with by agreements concl

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Taniya, Mirza. "The Overview of Supply and Demand Economic Analysis of Maggi Noodles in India." International Journal of Trend in Scientific Research and Development 2, no. 5 (2018): 983–90. https://doi.org/10.31142/ijtsrd17015.

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Maggi noodles first appeared on Indian market in 1983. In India maggi instant noodles were very popular. Maggi become the 'third staple' of Indian food after wheat and rice. Maggi specifically formulated to serve vegetarians. In May 2015, food safety regulations from barabanki, utttarpradesh, India reported the samples of magi 2 minutes noodles had unexpectedly high level of monosodium glutamate as well as up to 17 times the permissible limit of lead. FSSAI ordered a recall of all nine approved variants of maggi instant noodles and oats masala from India. Many states of India banned ma

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Gupta, Aditya. "From ‘Sherlockian Venture’ to a ‘Matter of Trial’: Delhi High Court adds to the plight of the Indian direct selling market." Journal of Intellectual Property Law & Practice 15, no. 5 (2020): 324–25. http://dx.doi.org/10.1093/jiplp/jpaa068.

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Niharika, Choudhary, and Singh Divyansh. "Practise & Belief of Santhara: Right to Die." Christ University Law Journal 5, no. 1 (2016): 49–62. http://dx.doi.org/10.12728/culj.8.4.

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The article seeks to assert that the ritual of Santhara practiced by the followers of Jainism is not a suicide and discerns from the view of the Rajasthan High Court. The authors have used various sources on Santhara for research work and have analysed various case laws on right to die with dignity. At the outset, the article discusses the eminence of Santhara in Jainism. Further, it discusses the foundation of the ‘essential practice’ doctrine through various landmark judgements. The Rajasthan High Court has erred in holding that Santhara is not an essential practice in Jainism, when the same

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Oza, Dharmesh. "Analyzing Recurring EPC Contract Clauses Leading to Court Cases in NHAI: Insights from High Court Judgments." International Journal for Research in Applied Science and Engineering Technology 11, no. 10 (2023): 930–34. http://dx.doi.org/10.22214/ijraset.2023.56129.

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Abstract: This study provides a thorough examination of frequently occurring Engineering, Procurement, and Construction (EPC) contract provisions that have resulted in legal disputes under the purview of the National Highways Authority of India (NHAI). This study intends to identify and examine the specific contractual clauses that have been the focus of legal issues in NHAI projects by drawing conclusions from a thorough assessment of High Court judgements. The study clarifies the underlying factors and ramifications of these conflicts, providing insightful viewpoints for those involved in th

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Swamynathan, B. "Necessity Development Factor of Computerisation in Madras High Court For E-Govern and E-Court." American Journal of Multidisciplinary Research and Innovation 1, no. 1 (2022): 13–17. http://dx.doi.org/10.54536/ajmri.v1i1.151.

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The Government of India ICT has been instrumental in computerizing all sectors of the country. For the effective administration of Madras High Court, Information and Communication Technology (ICT) was applied in its judicial activities. It will speed case receiving and cases delivering without delay and hesitations, manual work would be considered as a secondary work, and importance would be given to e-governance to dispense cases easily and quickly and provide judgments rapidly. Delay in providing justice is delaying in living meaningful life and discipline life, without delay cases and judgm

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Upadhyay, Ankita. "Lyngdoh Committee and Student Union Elections: A Study." Research Review Journal of Social Science 1, no. 1 (2022): 14–18. http://dx.doi.org/10.31305/rrjss.2021.v01.n01.004.

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The Supreme Court of India, while hearing a petition filed by the University of Kerala challenging the decision of the Kerala High Court on 19 September 2005, directed the Central Government to give directions regarding the country's student union elections. Set up a high level committee headed by a judge or a former election commissioner. According to the order, the Ministry of Human Resources constituted a six-member committee under the leadership of former Election Commissioner of India James Michael Lyngdoh as per the directions of the Court. Whose main recommendations are as follows-&#x0D

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Ayush, Pratap Singh. "Appointment of Judges in Supreme Court in India A Review of Collegium System." International Journal of Trend in Scientific Research and Development 2, no. 5 (2018): 946–50. https://doi.org/10.31142/ijtsrd17004.

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Legislature, executive and judiciary are the three pillars of Indian democratic structure. The function and the power of each organ is clearly specified in the constitution, despite of this there is always a clash between these organs. The controversy arose in the appointment of judges between the executive and judiciary will be discussed in this paper. An overview of the collegium system and analysis of the appointment of judges has been made in this paper. All the cases related to the appointment of judges of supreme court and high court will be discussed and clearly evaluated in this paper.

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Swamynathan, B. "Necessity Development Factor of Computerisation in Madras High Court For E-Govern and E-Court." American Journal of Multidisciplinary Research and Innovation 1, no. 1 (2022): 9–12. https://doi.org/10.54536/ajmri.v1i1.151.

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The Government of India ICT has been instrumental in computerizing all sectors of the country. For the effective administration of Madras High Court, Information and Communication Technology (ICT) was applied in its judicial activities. It will speed case receiving and cases delivering without delay and hesitations, manual work would be considered as a secondary work, and importance would be given to e-governance to dispense cases easily and quickly and provide judgments rapidly. Delay in providing justice is delaying in living meaningful life and discipline life, without delay cases and judgm

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Mohanty, Gautam, and Raghav Bhargava. "Separability of Arbitration Agreement in Mutual Termination of Contracts in India: A Legislative Guideline." Journal of International Arbitration 36, Issue 6 (2019): 727–38. http://dx.doi.org/10.54648/joia2019036.

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The separability for an arbitration agreement from the underlying contract is a well-established theory in commercial arbitration by courts and arbitral tribunals across the globe. However, the position becomes complex in circumstances where the underlying contract is mutually terminated between the parties. Jurisdictions across the globe have adopted a different approach to this kind of separability either through legislative provisions or judicial decisions. Unfortunately, the position remains rather unclear in India due to conflicting judicial decisions of the Bombay High Court and lack of

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Bipasha, Bandopadhyay. "WOMEN PROPOSITION IN THE INDIAN JUDICIARY." International Journal of Research - Granthaalayah 6, no. 8 (2018): 114–29. https://doi.org/10.5281/zenodo.1403832.

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There have been innumerable debates about gender in India over the years. Much of it includes women’s positing in society, their education, health, economic position, gender equality etc. What one can conclude from such discussions is that women have always held a certain paradoxical position in our developing country. The women position in Indian Judiciary has again been a debatable, topic which has henceforth never been into exact numerical representation. The women clan involved into the legal network of benches has been notably less. The women position has been the highest in the Sup

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Sandeep, Bhupatiraju, Chen Daniel L., Shareen Joshi, and Neis Peter. "Caste Aside? Names, Networks and Justice in the Courts of Bihar, India." European Journal of Empirical Legal Studies 1, no. 2 (2024): 151–78. http://dx.doi.org/10.62355/ejels.23821.

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This study investigates the impact of social identity on judicial processes and outcomes at the Patna High Court over a decade (2009 to 2019). We employ machine learning algorithms to infer caste status from surnames (names) in court records. We note that a majority of court participants have ‘caste-neutral’ names. Though we find no evidence of name-based ‘matching’ between litigants and judges, caste-neutral petitioners are 3.3% more likely to choose a caste-neutral advocate. Matching, whether intentional or coincidental, yields notable consequences. Litigants with caste-neutral names who mat

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Bowen, Huw V. "The ‘Little Parliament’: The General Court of the East India Company, 1750–1784." Historical Journal 34, no. 4 (1991): 857–72. http://dx.doi.org/10.1017/s0018246x00017325.

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The historical verdict on the General Court of the East India Company has often been an unfavourable one. The Court, the ultimate sovereign body within the company, has invariably been described in terms similar to those which used to be applied to the eighteenth-century house of commons: it has been seen as a corrupt, disorderly, and disreputable political institution. Macaulay set the general tone in 1840 when he painted a typically vivid picture of proceedings at the General Court in the mid-eighteenth century. ‘The meetings’, he wrote, ‘were large, stormy, even riotous, the debates indecen

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Muralidhar, S. "Appearing in Court in India: Challenges in Representing the Marginalised." CASTE / A Global Journal on Social Exclusion 3, no. 2 (2022): 421–41. http://dx.doi.org/10.26812/caste.v3i2.452.

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This article reflects on the challenges faced in the process of improving access to justice and representation of the marginalized communities in the legal system. The author has drawn reflections from his own career as a human rights lawyer. Explaining this, the author first highlights the barriers faced by marginalized communities in the legal system, and then narrates the challenges faced by those who seek to represent the marginalised or espouse their causes. The emphasis of the article is on understanding what it means to be a marginalised person facing the barriers of the system. Lastly,

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Yadav, Mukesh, and Mukesh Kumar Bansal. "Need for Regulation of Medical Practice (Hair Transplantation) in India: Delhi High Court." Indian Internet Journal of Forensic Medicine & Toxicology 20, no. 1and2 (2022): 25–28. http://dx.doi.org/10.5958/0974-4487.2022.00004.9.

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Zaiwalla, Sarosh. "LCIA India: Will It Change the International Arbitration Scene in India?" Journal of International Arbitration 27, Issue 6 (2010): 657–65. http://dx.doi.org/10.54648/joia2010036.

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Recently, the London Court of International Arbitration (LCIA) established LCIA India. Although LCIA India bears the name of its parent body in London, one hopes it is intended to be an Indian institution, of course with the support of LCIA London. This is a welcome development for the international business community in general and India in particular, as it is hoped that LCIA India will maintain a very high international standard in its awards. This in turn will encourage the Indian courts to have confidence in the awards published under the aegis of this institution. In order to consider wh

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Rawat, Charan. "Arbitrate and Violate - A Critique of the Foundation Laid by the Delhi High Court in the Case of NTT DoCoMo Inc. vs. Tata Sons Limited." ATHENS JOURNAL OF LAW 7, no. 3 (2021): 413–36. http://dx.doi.org/10.30958/ajl.7-3-8.

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The decision of the Delhi High Court in the matter of NTT DoCoMo Inc vs Tata Sons Limited and the settlement thereof in the year 2017 has attracted significant attention from all stakeholders. The case involves an analysis of the foreign direct investment policy and the regime regarding foreign investments in India and exits of foreign investors from companies in India. The dispute involves an interplay of interpretation of contracts and the role of the Reserve Bank of India. While the Foreign Exchange Management Act, 1999 does not permit “assured returns” to a foreign investor at the time of

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Mostofa, Md, Dewan Md Al-Amin, and Kaniz Tania Bint-E-Basar. "Delimitation of Maritime Boundary with India and Bangladesh’s Rights over the Sea." American International Journal of Social Science Research 2, no. 1 (2018): 108–13. http://dx.doi.org/10.46281/aijssr.v2i1.172.

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Bangladesh and India sea boundary talks started in 1974, renewed in 1978 and in 1982. At last, the Hauge-based Permanent Court of Arbitration (PCA) gave verdict on July 07, 2014 on maritime disputes between India and Bangladesh. In a landmark judgment, the Permanent Court of Arbitration (PCA) awarded Bangladesh an area of 19,467 sq km, four-fifth of the total area of 25,602 sq km disputed maritime boundary in the Bay of Bengal with India. Now, Bangladesh’s maritime boundary has been extended by 118,813 sq km comprising 12 nm of Territorial Sea and an EEZ extending up to 200 nm into the high se

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Dhaka, Rajvir S. "The Information Commissions in India: A Jurisprudential Explication of Their Powers and Functions." Indian Journal of Public Administration 64, no. 4 (2018): 703–16. http://dx.doi.org/10.1177/0019556118788481.

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The Right to Information (RTI) Act, 2005, provides for the Constitution of the State Information Commissions (SICs) and the Central Information Commission (CICs) for acting as the final appellate authorities. These Information Commissions have been entrusted with statutory powers while hearing complaints and appeals. These Commissions also enjoy the power to impose penalty and to recommend disciplinary action against the public information officers. Besides, there prevails large-scale confusion in them regarding the contents of Sections 18–20. This has culminated in adverse comments on their d

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Shankar, Uday, and Sourya Bandyopadhyay. "Pandemic and PILs: A Study on the Approach of the High Courts in India." Verfassung in Recht und Übersee 54, no. 1 (2021): 55–77. http://dx.doi.org/10.5771/0506-7286-2021-1-55.

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Studies in Public interest Litigation (PIL) in India are predominantly about the Supreme Court's approach in meeting the ends of justice through indigenously evolved jurisdiction. The High Courts as important constitutional bodies are more often than not remain out of detailed discussion. As the High Courts enjoy concurrent jurisdiction with the Supreme Court with regard to PILs, this paper aims to study the pattern of invocation of the jurisdiction at the regional level. It surveys the variety of pleas and consequent action under PIL jurisdiction (or inaction, as the case may be) of different

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Sen, Samudra. "Indian Judiciary Imprisoned: An Integrated AHP–TOPSIS Approach to Judicial Productivity." Global Business Review 21, no. 2 (2018): 586–603. http://dx.doi.org/10.1177/0972150918765319.

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Many countries around the world have a large number of cases pending in their courts for long years. Research has been conducted on the productivity of courts and judicial systems around the world. Different methodologies have been employed in evaluating the productivity of judicial systems. Indian courts are also in a sorry state due to huge backlog of cases pending in courts. However, for India, though there are many papers on the state of judicial system suggesting ways to clear this backlog, there is hardly any research on courts’ productivity. This article addresses this research gap usin

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Khali, Vahibaya. "COMPARATIVE ANALYSIS OF JUDICIAL APPOINTMENTS WITH REFERENCE TO USA, AUSTRALIA AND INDIA." International Journal of Advanced Research 10, no. 10 (2022): 1128–34. http://dx.doi.org/10.21474/ijar01/15588.

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Appointment of judges in India in higher judiciary have been an issue since independence where even constituent assembly while drafting the constitution was in dilemma as to what method should be adopted to appoint a judge in the Supreme court and High Court. Ultimately, the power to appoint judges was given to executive to keep a check on higher judiciary to prevent nepotism and increase accountability and transparency. But this trend was reversed in 2nd judges case in 1993 when collegium system was formed by Supreme Court and President became bound to accept the recommendation of collegium s

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Pant, Ameya, and Dipesh Jain. "Complexities surrounding SEP cases in India: An overview of decisions by the High Court and Competition Commission of India." Journal of Intellectual Property Law & Practice 13, no. 2 (2017): 132–42. http://dx.doi.org/10.1093/jiplp/jpx188.

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Soumen, Das. "Homosexuality in India Revisited: Some Recommendations & Research Directions." Society Today : An Interdisciplinary Journal of Social Sciences 3, no. 1 (2014): 33–41. https://doi.org/10.5281/zenodo.8287529.

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In the entire South Asian region, a history of toleration of same sex behavior between consenting adults had existed. It is only with the advent of criminalization of sodomy imposed by colonial powers, the notion of normal and abnormal sexual behaviors as dichotomized state became a reality in public discourse in India. Unfortunately, however, although Delhi High Court had decriminalized homosexuality in July 2009, it is still considered a taboo. Homophobia is prevalent across the nation!

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Rajasingh, B. V. "Parallel import of trade marked goods is legal in India, says Delhi High Court." Journal of Intellectual Property Law & Practice 8, no. 9 (2013): 676–78. http://dx.doi.org/10.1093/jiplp/jpt131.

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Pradyut, Sarma, Kumar Borua Prabin, and Kumar Medhi Okhil. "Interaction of iron Schiff base complex with orthoamino phenol in aqueous surfactant micelles – an electrochemical and spectroscopic analysis." Journal of Indian Chemical Society Vol. 91, Sep 2014 (2014): 1675–85. https://doi.org/10.5281/zenodo.5733086.

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Department of Chemistry, Arya Vidyapeeth College, Guwahati-781 016, Assam, India <em>E-mail</em> : gu_123456@yahoo.com Department of Chemistry, Gauhati University, Guwahati-781 014, Assam, India <em>Manuscript received online 30 November 2012, revised 30 January 2013, accepted 15 April 2014</em> Iron(III) complex of Schiff base ligand ([Fe(salen)]<sup>+</sup>) interacting with o-aminophenol in aqueous surfactant micelles is studied as functional model of dioxygenase enzyme. Aqueous surfactant micelles have provided the biomimetic environment for the study. The pK<sub>a</sub> of [Fe(salen)H<sub

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Jain, Sanjay, and Saranya Mishra. "Scandalizing the judiciary: An analysis of the uneven response of the Supreme Court of India to sexual harassment allegations against judges." International Journal of Constitutional Law 18, no. 2 (2020): 563–90. http://dx.doi.org/10.1093/icon/moaa029.

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Abstract The Supreme Court of India (SC) pronounced a momentous judgment in Vishaka v. State of Rajasthan in 1997, categorically recognizing the menace of sexual harassment (SH) at workplace and constitutionally rendering it as being in violation of fundamental rights guaranteed by Articles 15, 19, and 21 of the Constitution of India 1950. The Court also provided a mechanism for redressal against SH, which was ultimately reinforced by Parliament with the enactment of Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act 2013 (POSH Act). However, when it comes to allegation

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Shankar, Shylashri. "Judicial Restraint in an Era of Terrorism: Prevention of Terrorism Cases and Minorities in India." Socio-Legal Review 11, no. 1 (2015): 103. http://dx.doi.org/10.55496/gosc7108.

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The article assesses and compares the behaviour of India’s higher judiciary on Prevention of Terrorism Act (POTA) cases with the pattern of rulings on previous preventive detention and anti-terror laws in India. It tests the hypothesis in Scaling Justice: India’s Supreme Court, Anti-Terror Laws and Social Rights, that POTA cases would see more pro-state rulings, particularly after incidents of terrorism, but that Muslim minorities would not be unduly targeted by the judges. The findings from the 103 POTA cases affirm the hypothesis that the judgments of the high court and the supreme court do

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Bandopadhyay, Bipasha. "WOMEN PROPOSITION IN THE INDIAN JUDICIARY." International Journal of Research -GRANTHAALAYAH 6, no. 8 (2018): 114–29. http://dx.doi.org/10.29121/granthaalayah.v6.i8.2018.1405.

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There have been innumerable debates about gender in India over the years. Much of it includes women’s positing in society, their education, health, economic position, gender equality etc. What one can conclude from such discussions is that women have always held a certain paradoxical position in our developing country. The women position in Indian Judiciary has again been a debatable, topic which has henceforth never been into exact numerical representation. The women clan involved into the legal network of benches has been notably less. The women position has been the highest in the Sup

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Forsyth, Christopher. "Human Rights in India: Historical, Social and Political Perspectives. Edited by Chiranjivi J. Nirmal. [New Delhi: Oxford University Press. 1999. xxxvi, 269, (Bibliography) 18, (Annexures) 34, and (Index) 6 pp. Hardback £12.99 net. ISBN 1–972–87055–4.] Datar on Constitution of India. By Arvind P. Datar. [Nagpur: Wadhwa & Co. 2001. cxxxiii, 1401, (Appendices) 180, and (Index) 92 pp. Hardback £75.00 net. ISBN 0–19–564597–9.]." Cambridge Law Journal 61, no. 2 (2002): 463–92. http://dx.doi.org/10.1017/s0008197302461697.

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The Constitution of India is a mammoth instrument—the largest Constitution in the world—with 395 articles, 12 Schedules and 83 amendments. Accounts of the constitutional law of India are thus inevitably very large. The late H.M. Seervai’s multi-volume Constitution of India (4th edn., 1993) is well known and rightly described as “monumental”. But now a new work is making its presence felt. Arvind Datar originally intended to write no more than a Student’s Edition of Seervai. But Seervai refused permission for this project, taking the view, probably with justice, that his work could not be summa

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Sharma, Ajay Kr. "How to Axe a Double Taxation Avoidance Agreement: Analysing Section 94A of the Indian Income Tax Act." Intertax 44, Issue 11 (2016): 838–44. http://dx.doi.org/10.54648/taxi2016077.

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Section 94-A of the Indian Income Tax Act, which allows the Indian government (the executive) to notify any jurisdiction, by having regard to the lack of effective exchange of information with it, as a notified jurisdictional area (NJA) has been a bone of contention in a recent ruling delivered by the Madras High Court in India in T. Rajkumar case where the sole section 94-A notification issued in the year 2013 declaring Cyprus as a NJA was challenged along-with impugning the constitutional validity of section 94-A itself, which arguably may lead to an unilateral treaty override, as in the cas

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Sanghavi, Dhruv. "Vodafone Transfer Pricing Decision: A Mistake of Judgment." Intertax 43, Issue 5 (2015): 428–36. http://dx.doi.org/10.54648/taxi2015039.

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On 10 October 2014, the Bombay High Court exercised its non-appellate jurisdiction to quash a transfer pricing claim in the case of Vodafone, in which the tax authorities sought to apply the arm's length principle to equity financing transactions. This interpretation has been accepted by the Government of India, which has decided not to appeal against the decision of the Bombay High Court. In this contribution, the author critically analyses the controversy to find that not only was the court's interpretation of the law potentially incorrect, but also that it decided the case out of turn, and

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Majid, Burhan. "From a Sovereign State to a Union Territory: A History of the Constitutional Erosion in Kashmir." Verfassung in Recht und Übersee 56, no. 4 (2023): 690–705. http://dx.doi.org/10.5771/0506-7286-2023-4-690.

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The unilateral abrogation of Article 370 on August 5, 2019, by the Government of India signalled the culmination of the constitutional erosion in Jammu & Kashmir (J&K). This move, now endorsed by the Indian Supreme Court, prompts a retrospective glance at the State’s gradual loss of sovereignty since its signing of the Instrument of Accession with the Dominion of India in 1947. Unlike other States, J&K retained sovereignty, delegating legislative power exclusively for defence, external affairs, and communication to the Indian Dominion legislature. This article endeavours to delinea

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Yadav, Utkarsh. "An Analytical Study of the Scope of Article 25 in Special Reference to the Essential Religious Practice Test." Law & Political Review 08 (2023): 41–61. http://dx.doi.org/10.55662/lpr.2023.801.

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Article 25 of the Constitution of India provides to all persons equally entitled to freedom of Conscience and guaranteeing to freely profess, practise and propagate religion. Recently the striking example on the scope of Article 25 decided by the Karnataka High Court in the case of Smt. Resham versus State of Karnataka (W.P. no. 2347 of 2022). While deciding the petition seeking to lay a challenge to the insistence of certain educational institutions that no girl should wear the hijab (Headscarf) whilst in the classroom. The Hon’ble High Court framed the issue on the same and relied upon the S

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