A Few Steps More: Supreme Court of India Further Evolves Its Jurisprudence on the Enforcement of Foreign Awards – Ashutosh Kumar* The Arbitration and Conciliation Act, 1996 (the ‘A&C Act’) places responsibility for enforcement of foreign awards on High Courts.[1] If a High Court decides to enforce a foreign award, then such decision is not […]Continue reading

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Analysis of Governor’s Powers under Paragraph 5(1), Schedule V of the Indian Constitution – Shivam Singh and Harpreet Singh Gupta* Schedule V and VI read with Article 244 of the Indian Constitution contain provisions for control and administration of Scheduled Tribes and Scheduled Areas. Paragraph 5(1) of Schedule V gives power to the Governor to […]Continue reading

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Article 17: Expanding Frontiers? (Part II) – Karthik Rai* In this post, Karthik Rai continues the analysis of J. Chandrachud’s opinion on the interpretation of Article 17 and the meaning of untouchability in Sabarimala, and locates it within the Hart-Fuller Debate and feminist legal theory.  A Feminist Viewpoint on Justice Chandrachud’s stance Notwithstanding the many […]Continue reading

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Article 17: Expanding Frontiers? (Part I)  – Karthik Rai* Introduction In Justice K.S. Puttuswamy (Retd.) v. Union of India and Ors., the oft-stated line that the Constitution ‘lives’ for its people was stressed upon (paragraph 31). The usage of the word ‘lives’ indicates that the reconceptualization of constitutional ideals in light of the ethos of […]Continue reading

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TRF Ltd. & Perkins: Limiting ‘Freedom of Contract’ and the Choking of Party Autonomy – Ajar Rab*  In 2017, a three-judge bench of the Supreme Court of India in TRF Limited v. Energo Engineering Projects Limited (“TRF”) had the occasion to interpret the much-lauded Arbitration and Conciliation (Amendment) Act, 2015, incorporating the IBA Guidelines on […]Continue reading

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Detain/Release: Teaching Law Students About AI Through Simulated Detention Hearings – Jason R. Tashea* Today, law students cannot graduate with just an understanding of law and procedure. They need to leave university able to understand and vet how science and technology will affect their practice and clients. This is because technology systems are increasingly affecting […]Continue reading

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Rights to Mobility and Sustainable Urban Public Transportation in India – Abhayraj Naik* and Dattatraya T. Devare** Introduction This essay advocates for the recognition of legal rights to urban mobility and sustainable urban public transportation in India. Recognition of such mobility and transportation rights would guarantee rights-holders the ability to move through Indian cities (and […]Continue reading

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Capital Structure of Indian Family-owned Companies:  A Theoretical and Contemporary Perspective – Param Pandya* This article discusses the theoretical foundations of how family-owned companies procure finances and how they apply to Indian family-owned companies. Delving briefly into the macro picture of Indian family-owned companies, this article draws attention to the promoter-induced fraud-fraught Indian banking system. […]Continue reading

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