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Journal articles on the topic 'Indian courts'

Author: Grafiati

Published: 4 June 2021

Last updated: 21 June 2025

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1

Bhattacharya, Shouvik, and Saurav Rajurkar. "What’s the Law? How Indian Courts Should Determine the Law Governing the Arbitration Agreement." Journal of International Arbitration 39, Issue 4 (2022): 593–610. http://dx.doi.org/10.54648/joia2022026.

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Determination of the law governing the arbitration agreement is a long-standing subject of controversy. The highest courts in the United Kingdom and Singapore have now provided definitive guidance in their respective jurisdictions using a largely identical test, which we call a common choice of law framework. No such common framework for determining the law of the arbitration agreement exists in India. Despite the Indian Supreme Court’s early observations on this issue in NTPC v. Singer (1992), subsequent Supreme Court and High Court decisions have adopted varying approaches, which has resulte

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2

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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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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4

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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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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Farnelli, Gian Maria. "Back to Lotus? A Recent Decision by the Supreme Court of India on an Incident of Navigation in the Contiguous Zone." International Community Law Review 16, no. 1 (2014): 106–22. http://dx.doi.org/10.1163/18719732-12341272.

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Abstract This article stems from a recent decision of the Indian Supreme Court concerning whether the criminal courts of the Indian State of Kerala have jurisdiction over two Italian marines accused of killing two Indian fishermen. The analysis is critical of the Court’s reasoning and findings over the two main defences raised by the accused: namely, the lack of jurisdiction of the coastal state on the basis of the law of the sea and in relation to the customary rule on the jurisdictional immunity of military personnel for acts carried out in their line of duty. Finally, this study also critic

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Kumar Pandey, Akhilesh. "Access To Justice Through Virtual Courts In Current Indian Scenario." South Asian Law & Economics Review 08 (2023): 33–44. http://dx.doi.org/10.55662/saler.2023.801.

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A relatively recent idea in the Indian legal system is the virtual court. Mostly as a result of the difficulties brought on by the continuing epidemic, it gained attention. The Delhi High Court and the Supreme Court of India were the first to hold virtual hearings for cases in an effort to end the pandemic-related delays in the legal system. After the Parliamentary Standing Committee on Personnel, Public Gripes, Law and Justice stated in its report dated September 11, 2020 that Virtual Courts should continue even after the pandemic is over, it raised many concerns in the minds of litigants as

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8

Shriparkash. "Role of Judiciary to Sustain Constitutionalism." Integrated Journal for Research in Arts and Humanities 3, no. 1 (2023): 18–22. http://dx.doi.org/10.55544/ijrah.3.1.4.

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All nations in the modern era embraced democratic political systems and welfare state ideologies, giving administrative agencies broad latitude to act as they see fit. In the lack of clear rules, etc., using those powers frequently becomes subjective. In order to guarantee that "the rule of law" is present in all governmental operations, it is, therefore, imperative to restrict discretionary powers. The Indian judiciary has been correctly cited as an illustration of this worldwide trend as courts have gained authority in recent years. The Indian Court has, in many respects, evolved into a mode

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Zimmerman, Larry J. "Public Heritage, a Desire for a “White” History for America, and Some Impacts of the Kennewick Man/ Ancient One Decision." International Journal of Cultural Property 12, no. 2 (2005): 265–74. http://dx.doi.org/10.1017/s0940739105050113.

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The most recent opinion in the so-called Kennewick Man or Ancient One (as many American Indians choose to call the skeleton) case by the United States Court of Appeals for the Ninth Circuit unfortunately resurrects some very old and contentious issues in America. Indians mostly view the opinion as one more echo of the same old story of Native American property issues raised in the courts, but they also understand that some implications may be broader. The most direct impact of the opinion is that the Umatilla people will not be allowed to return the Ancient One to the earth, but others could b

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Pawandeep Kaur. "Writs and Rights: A Comprehensive Study of Judicial Remedies in India." Legal Research Development 8, no. IV (2024): 71–81. http://dx.doi.org/10.53724/lrd/v8n4.7.

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The Indian Constitution give High Courts the power to issue writs to authorities, directing them to take or avoid from taking activities that are needed by law and the Constitution. Even before independence, several Indian High Courts had some few writs jurisdiction; however, the true extent and berth of this power have only been fully pour by High Courts after the Indian Constitution, which guarantees basic rights, came into effect. All Indian courts are obligated to provide appellate and supervisory jurisdiction over district and subordinate courts within the territories they oversee. This m

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Garg, Varun, and Apurva Singhi. "An Empirical Assessment of the Indian Supreme Court's Use of Law Review Articles (1950-2020)." National Law School of India Review 35, no. 1 (2024): 14–62. https://doi.org/10.55496/dujm5745.

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The Indian Supreme Court is considered one of the most powerful courts in the world. At a little over 70 years old, the Court has achieved a strong reputation as being one of the most activist courts in the world. At the same time, academic writing, especially law reviews, has exponentially grown in India and established its impact on the law. A question that has emerged is whether academic writing is losing touch with the practice of law. Some commentators have attributed the apparent decline in the courts’ use of legal scholarship to the increasingly theoretical and impractical nature of law

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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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Whaley, Gray H. "Coos Bay Indians in the “Courts of the Conqueror”." Pacific Historical Review 91, no. 4 (2022): 463–91. http://dx.doi.org/10.1525/phr.2022.91.4.463.

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This article is based on two American Indian cases that arose from aboriginal title claims to coastal Oregon in the U.S. Court of Claims, Coos Bay (1938) and Alcea (1946), both subsequently upheld by the U.S. Supreme Court. The cases set important precedents in judicial Indian law on the eve of the Indian Claims Commission. Coos Bay and Alcea also caused the creation of two distinct tribes of Coos Bay Indians: the Coos tribe included in the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw (Coos Bay); and the Coos tribe included in the Coquille Indian Tribe (Alcea). The latter were the on

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Baloch, Farhaj Sikandar Yar Khan, Muhammad Siraj Khan, and Naghma Farid. "Judicial Activism within the Restraints of India's Constitution & its Strictures." Global Legal Studies Review VIII, no. I (2023): 21–30. http://dx.doi.org/10.31703/glsr.2023(viii-i).03.

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The interpretation of the Indian Constitution by the Supreme Court has established legal precedents in various sectors, such as education, environmental protection, property rights, and access to safe drinking water. The Supreme Court's decisions now hold the ultimate authority, even over parliamentary amendments. The judiciary's involvement in administrative and legislative matters has been fueled by weaknesses in the political structure. Although the judiciary was weakened during the 1970s emergency, it has regained strength in recent decades. Judicial power has been able to fill the void cr

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Anukaran, Sai. "Scope of Arbitrability of Disputes from the Indian Perspective." Asian International Arbitration Journal 14, Issue 1 (2018): 71–87. http://dx.doi.org/10.54648/aiaj2018005.

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Arbitration essentially involves ouster of jurisdiction of civil courts by mutual consent of the parties in lieu of jurisdiction conferred upon a specific set of persons known as arbitrators to adjudicate the dispute. International Arbitral Standards require the states to keep their National Arbitral Legislation open-ended without limiting the scope of arbitrability of disputes, providing grounds only for setting aside of arbitral awards in violation of the Public Policy of the country. Thus, the interpretation of ‘Scope of arbitrability’ is left to the determination of the courts. The instant

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Cumming, Peter A., and Diana Ginn. "First Nations Self-Government in Canada." Nordic Journal of International Law 55, no. 1-2 (1986): 86–116. http://dx.doi.org/10.1163/157181086x00328.

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AbstractThe case law reveals the courts' willingness to uphold federal intervention in Indian government, justifying such intervention on the grounds that Congress has plenary power over Indian affairs, that a ward-guardian relationship exists between Indians and the American government, or that a particular action was political and therefore not open to review (243). Yet, courts have characterized the jurisdiction still exercised by tribal governments as flowing from retained sovereignty rather than as delegated by Congress. American tribes have been described as possessing » theoretical sove

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Birkhold, Alexander. "Predicate Offenses, Foreign Convictions, and Trusting Tribal Courts." Michigan Law Review Online, no. 114 (2016): 155. http://dx.doi.org/10.36644/mlr.online.114.predicate.

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Concerns about the reliability of criminal justice systems in foreign countries have resulted in uneven treatment of foreign convictions in U.S. courts. Federal courts, however, have historically accepted tribal court convictions as predicate offenses under recidivist statutes. But the Ninth Circuit Court of Appeals recently rejected the uncounseled convictions obtained against Michael Bryant, Jr., a serial domestic abuser, in the Northern Cheyenne Tribal Court. The court dismissed a federal indictment that had been brought against Bryant under 18 U.S.C § 117, which makes it a felony to commit

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Birkhold, Alexander. "Predicate Offenses, Foreign Convictions, and Trusting Tribal Courts." Michigan Law Review Online, no. 114 (2016): 155. http://dx.doi.org/10.36644/mlr.online.114.predicate.

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Concerns about the reliability of criminal justice systems in foreign countries have resulted in uneven treatment of foreign convictions in U.S. courts. Federal courts, however, have historically accepted tribal court convictions as predicate offenses under recidivist statutes. But the Ninth Circuit Court of Appeals recently rejected the uncounseled convictions obtained against Michael Bryant, Jr., a serial domestic abuser, in the Northern Cheyenne Tribal Court. The court dismissed a federal indictment that had been brought against Bryant under 18 U.S.C § 117, which makes it a felony to commit

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Birkhold, Alexander. "Predicate Offenses, Foreign Convictions, and Trusting Tribal Courts." Michigan Law Review Online, no. 114 (2016): 155. http://dx.doi.org/10.36644/mlr.online.114.predicate.

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Concerns about the reliability of criminal justice systems in foreign countries have resulted in uneven treatment of foreign convictions in U.S. courts. Federal courts, however, have historically accepted tribal court convictions as predicate offenses under recidivist statutes. But the Ninth Circuit Court of Appeals recently rejected the uncounseled convictions obtained against Michael Bryant, Jr., a serial domestic abuser, in the Northern Cheyenne Tribal Court. The court dismissed a federal indictment that had been brought against Bryant under 18 U.S.C § 117, which makes it a felony to commit

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20

HEGDE, V. G. "Indian Courts and International Law." Leiden Journal of International Law 23, no. 1 (2010): 53–77. http://dx.doi.org/10.1017/s0922156509990331.

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AbstractThe approach of Indian courts towards international law has been consistently evolving. Initially, the Indian constitutional framework provided a flexible basis for the application and use of international law, the reasons for which could be seen in the socio-political context of India as a developing country. India, for its part, continued to argue that it remained essentially at the periphery of the mainstream international law, as it had no role in formulating some of the basic principles of international law. For the Indian courts the first substantive encounter with international

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Sands, Jon M. "Indian Crimes and Federal Courts." Federal Sentencing Reporter 11, no. 3 (1998): 153–58. http://dx.doi.org/10.2307/20640156.

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Sharma, Sidharth. "Public Policy Under the Indian Arbitration Act In Defence of the Indian Supreme Court’s Judgment in ONGC v. Saw Pipes." Journal of International Arbitration 26, Issue 1 (2009): 133–47. http://dx.doi.org/10.54648/joia2009006.

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The “public policy” ground for setting aside an arbitral award has been the subject of considerable debate in the realm of arbitration law. The Indian Supreme Court in the case of ONGC v. Saw Pipes, while giving an expanded meaning to “public policy,” held that a “patently illegal arbitral award” is against public policy and hence could be set aside by courts on that ground. The judgment was widely seen as erroneous by legal commentators and practitioners alike. This article, however, attempts to present a counter–view and argues that the Indian Supreme Court’s judgment in Saw Pipes, contrary

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Vij, Shivani, and Varun Mansinghka. "Judicial (non)appointment of arbitrators in India: a case study of ‘inadequate stamping’ as a ground for non-appointment." Arbitration International 35, no. 4 (2019): 505–27. http://dx.doi.org/10.1093/arbint/aiz022.

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Abstract Arbitration is premised on parties’ agreement. At times, however, the parties’ agreement fails to provide for a procedure for appointment of the arbitral tribunal, or the parties fail to fulfil the steps contemplated under such procedure. In such cases, parties are constrained to approach the domestic courts to seek appointment of the arbitral tribunal. This Model Law concept of judicial appointment of arbitrators has been adopted in the Indian arbitration law as well. While the law mandates courts to endeavour to appoint arbitrators as expeditiously as possible, Indian courts often i

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Fletcher, Matthew. "Tribal Employment Separation: Tribal Law Enigma, Tribal Governance Paradox, and Tribal Court Conundrum." University of Michigan Journal of Law Reform, no. 38.2 (2005): 273. http://dx.doi.org/10.36646/mjlr.38.2.tribal.

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Each year, more and more people--Indians and non-Indians--are employed by Indian Tribes and Tribally-chartered organizations. However, as Tribal employment grows, so do the problems associated with personnel disputes. Tribal employment is different than traditional corporate or even government employment because Tribal communities are incredibly close-knit and Tribal governments are very accountable to their constituents. Because of this dynamic, employment separations can create excessive difficulty within a Tribe. Many Tribal courts apply the principles of the Supreme Court's decision in Lou

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Ghosh, Eashan, and Afzal B. Khan. "Unilaterally Altering the Bargain: TRIPS, Section 107A, and the Regulatory Review Exception under Indian Patent Law." Indian Journal of International Economic Law 14, no. 1 (2023): 152–77. https://doi.org/10.55496/vgrx4563.

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In 2003, Section 107A of the Patents Act wrote a regulatory review exception into Indian law. Its beholden purpose is to enable patent-protected pharmaceutical products to be brought to Indian markets quicker and in large numbers. Emboldened by a WTO decision brake-testing a similar Canadian statute, Indian pharmaceutical manufacturers have consistently claimed Section 107A benefits from domestic courts. Lately, the economic trail of these benefits has grown to implicate entities abroad. Pushback to this trend from patentees has duly arrived. It has culminated in a stack of Delhi High Court de

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Fletcher, Matthew, and Wenona Singel. "Lawyering the Indian Child Welfare Act." Michigan Law Review, no. 120.8 (2022): 1755. http://dx.doi.org/10.36644/mlr.120.8.lawyering.

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This Article describes how the statutory structure of child welfare laws enables lawyers and courts to exploit deep-seated stereotypes about American Indian people rooted in systemic racism to undermine the enforcement of the rights of Indian families and tribes. Even when Indian custodians and tribes are able to protect their rights in court, their adversaries use those same advantages on appeal to attack the constitutional validity of the law. The primary goal of this Article is to help expose those structural issues and the ethically troublesome practices of adoption attorneys as the most i

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Stephens, Julia. "An Uncertain Inheritance: The Imperial Travels of Legal Migrants, from British India to Ottoman Iraq." Law and History Review 32, no. 4 (2014): 749–72. http://dx.doi.org/10.1017/s0738248014000443.

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Like many nineteenth-century travelers, Iqbal al-Daulah, a cousin of the Nawab of the Indian princely state of Awadh, navigated multiple legal systems as he migrated across Asia, Europe, and the Middle East. Living through the absorption of Awadh into the expanding British Empire, he eventually joined a community of Indian Shias in Ottoman Iraq, who regularly used British consular courts. While still in India, Iqbal al-Daulah composed a tribute in Persian and English to British justice. He described British courts in the following laudatory terms: “What Ease is afforded to Petitioners! The Doo

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Sumant Kolhe, Varad. "PASL V. GE: Indian Parties’ Fillip to Foreign-seated Arbitrations, but at What Cost?" Asian International Arbitration Journal 17, Issue 2 (2021): 193–208. http://dx.doi.org/10.54648/aiaj2021010.

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Can two Indian parties elect a foreign seat of arbitration? This question has been the epicentre of a long-standing divergence in judicial opinions across Indian courts. However, this divergence was put to rest by the Supreme Court of India in PASL Wind Solutions (P) Ltd. v. GE Power Conversion (India) (P) Ltd. (decision of 20 April 2021), ruling in favour of Indian-parties’ autonomy to elect a foreign-seat of arbitration. Recognizing party autonomy as the “brooding spirit” of arbitration, the Supreme Court overruled two judgments of the Bombay High Court (Seven Islands Shipping Ltd. v. Sah Pe

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Jain, Alok. "Pathological Arbitration Clauses and Indian Courts." Journal of International Arbitration 25, Issue 4 (2008): 433–48. http://dx.doi.org/10.54648/joia2008032.

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Pathological arbitration clauses have often been focal points of disputes between contracting parties. When tribunals or courts are required to interpret them, diverse views often arise. This article looks at various instances of pathological arbitration clauses and the various canons of interpretation used by Indian courts to resolve such pathologies. The author highlights the need for interpreting such clauses on the same footing as ordinary contractual terms, as arbitration is no longer an exception to the jurisdiction of courts but a parallel and welcome means of dispute resolution.

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Jhala, Angma D. "The Malabar Hill murder trial of 1925." Indian Economic & Social History Review 46, no. 3 (2009): 373–400. http://dx.doi.org/10.1177/001946460904600305.

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This article seeks to address issues relating to sovereignty, law and sexual politics in colonial princely India through an examination of the Malabar Hill Murder Trial of 1925 in the Bombay High Court. In this particular case, the Hindu Maratha Maharaja of Indore was charged with the murder of his Muslim courtesan's lover. The ensuing trial illuminates two important developments in late colonial Indian law. First, it reveals how British courts empowered some Indian women as individual agents before the law, despite the restrictions of pardah (or seclusion), to contest and resist indigenous pa

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Pathak, Harshad. "Indias Tryst with Non-Signatories to an Arbitration Agreement in Composite Economic Transactions." ASA Bulletin 36, Issue 3 (2018): 597–614. http://dx.doi.org/10.54648/asab2018056.

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Indian courts have dealt with issues relating to the effect of an arbitration agreement on related non-signatory entities in a plethora of circumstances. And like a pendulum, their response has swung from one end of the jurisprudential paradigm to the other. While initially reluctant to bind non-signatory entities to an arbitration agreement as a matter of principle, they now adopt a pragmatic approach. Today, they are inclined to venture beyond the formal constraints of an arbitration agreement in writing, and identify entities that may have tacitly consented to arbitrate despite not signing

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Anderson, Michael R. "International Environmental Law in Indian Courts." Review of European Community & International Environmental Law 7, no. 1 (1998): 21–30. http://dx.doi.org/10.1111/1467-9388.00123.

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Rewari, Sulabh. "From Bhatia to Kaiser: Testing the Indian Judiciarys Self-Restraint." Asian International Arbitration Journal 9, Issue 2 (2013): 97–146. http://dx.doi.org/10.54648/aiaj2013008.

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The Supreme Court of India pronounced its much-awaited decision in Bharat Aluminium Co v Kaiser Aluminium Technical Services ('Kaiser') on 6 September 2012. The Supreme Court held that Parts I and II of the [Indian] Arbitration & Conciliation Act, 1996 were mutually exclusive and as a consequence, the provisions of Part I could not apply to foreign awards and would only apply to arbitrations taking place in India. By this pronouncement, the Supreme Court has remedied the extant policy of excessive court intervention in arbitration, in particular, exercising jurisdiction to review foreign a

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Riya, Jhaveri, and Sanghvi Neharika. "The Doctrine of Competence-Competence: Absolute or Not?" Annual International Journal on Analysis of Contemporary Legal Affairs (AIJACLA) 3 (June 5, 2023): 135–40. https://doi.org/10.5281/zenodo.10498413.

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<em>The fundamental tenet of arbitration is that a tribunal cannot resolve a dispute that is outside of its jurisdiction. The tribunal's power to review and rule on cases within its own jurisdiction is a key component of its jurisdiction. The notion of "competence-competence" in Indian courts regulates undue intervention in cases that are pertinent to the jurisdiction of an arbitral tribunal. This study examines the salient aspects of Indian law concerning the jurisdiction of an arbitral tribunal. This paper's first section examines the status and application of the competence-competence doctr

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Moodie, Deonnie. "ON BLOOD, POWER, AND PUBLIC INTEREST: THE CONCEALMENT OF HINDU SACRIFICIAL RITES UNDER INDIAN LAW." Journal of Law and Religion 34, no. 2 (2019): 165–82. http://dx.doi.org/10.1017/jlr.2019.24.

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AbstractCritiques of animal sacrifice in India have become increasingly strident over the past fifteen years. In the state of West Bengal, many of these critiques center on Kālīghāṭ, a landmark Hindu pilgrimage site in Kolkata where goats are sacrificed daily to the goddess Kālī. However, while similar critiques of this practice have resulted in many Indian states pushing to ban it—or enforce previous bans of it—no such legal action has been issued in West Bengal. Instead, in 2006, the Calcutta High Court ruled that this practice must be visually concealed at Kālīghāṭ. Drawing on modernist not

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Watters, Brieanna Marie, Robert Stewart, and Michele Statz. "Retribution for tribal sovereignty: Settler colonial policing and civil justice impacts." Punishment & Society 26, no. 4 (2024): 693–710. http://dx.doi.org/10.1177/14624745241232242.

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Unique among marginalized groups, American Indians are both citizens of the United States and citizens of sovereign tribal nations, as recognized (but not granted) by federal Indian law. However, even as tribal nations exert increasing economic and political power, criminal legal outcomes for tribal members—who interface with an array of tribal, local, state, and federal law enforcement and justice systems—remain detrimental or are worsened. These outcomes also include increased contact with state courts and the delegitimization of tribal courts, which uniquely implicate the civil justice cont

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Ashish Sharma. "A STUDY ON THE PENDENCY OF CASES IN INDIAN COURTS vis-à-vis HUMAN RIGHTS." Journal of Advanced Zoology 44, no. 1 (2023): 79–93. http://dx.doi.org/10.17762/jaz.v44i1.1283.

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In a progressive and developing society, one of the sound principle of the criminal justice system is that “Justice delayed is justice denied’. The delay in dispensation of justice adversely affects the two important fundamental rights which are, right to access justice and the rule of Law. Both are the part of the Indian Constitution. In various decisions, the Indian Supreme Court has under scored the importance of expeditious trial. Right to speedy trial is one of the facets of the Right to life and personal liberty under Article 212 of the constitution of India. According to the Ministry of

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Shivpuri, Abhishek. "Appointment of Arbitrators: Nebulous Contours of Section 11 of the Indian Arbitration and Conciliation Act 1996." Asian International Arbitration Journal 20, Issue 1 (2024): 31–54. http://dx.doi.org/10.54648/aiaj2024006.

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The law in respect of the appointment of an arbitrator under section 11 of the Indian Arbitration and Conciliation Act 1996 has undergone transformation: starting from the judgment in Konkan Railway Corporation Limited v. Mehul Construction Co., rendered in the year 2000, to the landmark judgment in Vidya Drolia & Ors. Durga Trading Corporation passed in the year 2021. The scope of section 11 has been in a constant state of flux, where it has been expanded on certain occasions and restricted on other occasions, with the courts attempting to find a solution to the conundrum, ‘Who decides’.

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Chatur, Dharmendra. "Indian Courts and Social Change: A Case Study of the Doctrine of Informed Consent in Medical Law and Ethics." Artha - Journal of Social Sciences 11, no. 4 (2012): 33. http://dx.doi.org/10.12724/ajss.23.3.

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The doctrine of informed consent in medical law andethics has a strong grounding in the principle of bodilyautonomy and self-determination of human beings. Thisemphasis on the freedom of every individual to decidewhat is best for his/her body and health has led to severalcontroversies in the area of medical law and ethics inIndia and abroad, especially in the United Kingdom.Being a legal and ethical doctrine, „informed consent‟ hasbeen discarded, accepted, modified and emulated byvarious judgments of courts. This paper will examine theingenuity of courts in bringing about social change byuphol

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Singh, Vaishali. "Enticements to Invent: A Quick fix for Standards-Essential Patents." GLS Law Journal 1, no. 1 (2019): 43–56. http://dx.doi.org/10.69974/glslawjournal.v1i1.5.

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Engineering of innumerable advancements in telecommunications placed India at a plinth of one of the largest telecommunication markets. In essence, most of these ingenuities pivot around a strong information, communication technology (“ITC”) platform; therefore, at the juncture of business and innovation, Intellectual Property Rights (“IPR”) has a perilous role to play. Specifically, the success of India’s national development aspirations will depend on a court system and the Competition Commission of India (“CCI”) to set enforcement standards and guidelines across the Intellectual Property Ri

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Trivedi, Vivek, and Nilakshi Nilakshi. "ARTIFICIAL INTELLIGENCE IN THE INDIAN JUDICIARY: A SYSTEMATIC ANALYSIS OF POTENTIAL APPLICATIONS AND CHALLENGES IN ADDRESSING CASE BACKLOGS." Journal of Trends and Challenges in Artificial Intelligence 1, no. 3 (2024): 91–96. http://dx.doi.org/10.61552/jai.2024.03.003.

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This paper examines the potential role of artificial intelligence (AI) in addressing the critical issue of case backlogs plaguing the Indian judiciary. With over 40 million pending cases, Indian courts face a crisis of delayed justice that undermines the rule of law and public trust in the legal system. This research analyzes how AI technologies could be leveraged to streamline court processes, enhance judicial productivity, and ultimately reduce case pendency. Drawing on examples of AI implementation in judiciaries worldwide, the paper explores applications in case management, legal research,

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Prof., (Dr.) Vijayalakshmi. K. Koradhanyamath, and Mamatha.G.M Dr. "Judicial Activism and Judicialization of Politics." Annual International Journal of Vaikunta Baliga College of Law (AIJVBCL) 2 (May 2, 2025): 299–311. https://doi.org/10.5281/zenodo.15329378.

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<em>As a tool for social change, Indian constitutional law provides a forum for resolving conflicts and conflicting claims. The Indian Constitution, in contrast to many others, is quite thorough and includes elements that are generally missing from other constitutional systems. The process of constitutionalising, which has expanded to include almost all public discussions, is a distinguishing characteristic of India's constitutional democracy. The court, especially via judicial activism, has greatly broadened the scope of constitutionalising. The Indian judiciary has worked to rectify the

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Carter, Nancy Carol. "American Indian Tribal Governments, Law, and Courts." Legal Reference Services Quarterly 18, no. 2 (2000): 7–24. http://dx.doi.org/10.1300/j113v18n02_02.

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Ranjan, Prabhash, and Pushkar Anand. "Indian courts and bilateral investment treaty arbitration." Indian Law Review 4, no. 2 (2020): 199–220. http://dx.doi.org/10.1080/24730580.2020.1732693.

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Mander, Harsh. "Food from the Courts: The Indian Experience." IDS Bulletin 43 (July 2012): 15–24. http://dx.doi.org/10.1111/j.1759-5436.2012.00342.x.

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Probasco, Robert D. "Indian Tribes, Civil Rights, and Federal Courts." Texas Wesleyan Law Review 7, no. 2 (2001): 119–55. http://dx.doi.org/10.37419/twlr.v7.i2.1.

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Juyal, Rebant. "Constitutional Liberties and Cyberspace: Analysing the Anuradha Bhasin v Union of India Case and its Impact on Fundamental Rights." Legal Information Management 23, no. 4 (2023): 276–81. http://dx.doi.org/10.1017/s1472669623000622.

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AbstractThe right to free speech and expression is a fundamental right guaranteed under Article 19 (1) (a) of part III of the Indian constitution. The fundamental rights act as the constitutional restraints over the state's authority to intervene within the protective gamut of civil liberties of the people. However, the Indian judiciary remains the principal enforcer of the constitutional liberties guaranteed as fundamental rights whenever breached by the state. As the interpreters of the constitution and guardians of civil liberties, the Indian constitutional courts have consistently acted to

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Sharma, Raghav. "Bhatia International v. Bulk Trading S.A.: Ambushing International Commercial Arbitration Outside India?" Journal of International Arbitration 26, Issue 3 (2009): 357–72. http://dx.doi.org/10.54648/joia2009020.

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In Bhatia International v. Bulk Trading S.A., the Indian Supreme Court ruled that the Arbitration and Conciliation Act, 1996 (“the Act”), applies to international commercial arbitrations held outside India. In its aftermath, this ruling has been misconstrued and misapplied by the Indian courts to fundamentally alter the nature of the Act and widen their jurisdiction over such international commercial arbitrations. This article critically examines the ruling, identifies the law laid down, explains the limits of its application, and offers positive suggestions for unwary foreign parties to avoid

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Cassese, Sabino. "Legal Comparison by the Courts." Revista Jurídica Piélagus 9, no. 1 (2010): 21. http://dx.doi.org/10.25054/16576799.611.

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On July 2, 2009 , the Delhi High Court ruled that consensual sexual acts between adults in private are not criminal, and therefore declared that Section 377 of the Indian Criminal Code violates Articles 21, 14 and 15 of the Constitution.

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Jain, Pankaj. "Location Savings: International and Indian Perspective." Intertax 43, Issue 2 (2015): 192–98. http://dx.doi.org/10.54648/taxi2015016.

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Outsourcing of operations from high cost countries to low cost countries has given birth to the location savings concept. Overtime, a related broader concept of location specific advantages (LSA) has emerged, the exploitation of which gives rise to location rents. The determination and allocation of location savings/LSA and rents is a key TP issue - especially in developing countries. This article outlines the approach expressed on the aforementioned issue, in the US TP regulations (and court practise), OECD TP Guidelines and the UN TP Manual. Thereafter, the approach of the Indian tax adminis

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