NUJS Law Review
The Quarterly Flagship Journal of NUJS
Latest Articles
Volume 17 Issue 2 (2024)
Article
The 1980 Vienna Sales Convention (CISG) as Standard Setter or Obstacle to International Commercial Law Unification
by Dr. Ulrich G. Schroeter
The present article discusses the role of the United Nations Convention on Contracts for the International Sale of Goods (‘CISG’) in influencing or “setting standards” for other commercial law conventions. Dr. Schroeter looks at this question from multiple perspectives. He considers CISG’s Articles on interpretation, applicability, ‘gap-filing’, rights and obligations of parties, among others, being adopted by conventions. His verdict on the influence of the CISG differs for each Part of the convention. He also
The 1980 Vienna Sales Convention (CISG) as Standard Setter or Obstacle to International Commercial Law Unification
by Dr. Ulrich G. Schroeter
The present article discusses the role of the United Nations Convention on Contracts for the International Sale of Goods (‘CISG’) in influencing or “setting standards” for other commercial law conventions. Dr. Schroeter looks at this question from multiple perspectives. He considers CISG’s Articles on interpretation, applicability, ‘gap-filing’, rights and obligations of parties, among others, being adopted by conventions. His verdict on the influence of the CISG differs for each Part of the convention. He also
Article
Private Enforcement of Competition Law: Revisiting the Legal Framework in India
by Mitali Jain & Nimesh Singh
Private enforcement is one of the lesser explored ways of enforcing competition law, wherein an entity is empowered to claim infringement of competition law and compensational remedies for the same. Although it is a popular practice in several jurisdictions, it has remained terribly underutilised in the competition law regime in India. The poor drafting of the provision, which entails establishment of a competition law infringement by an adjudicatory body as a precondition and requires calculation
Private Enforcement of Competition Law: Revisiting the Legal Framework in India
by Mitali Jain & Nimesh Singh
Private enforcement is one of the lesser explored ways of enforcing competition law, wherein an entity is empowered to claim infringement of competition law and compensational remedies for the same. Although it is a popular practice in several jurisdictions, it has remained terribly underutilised in the competition law regime in India. The poor drafting of the provision, which entails establishment of a competition law infringement by an adjudicatory body as a precondition and requires calculation
Article
Special Law, Regular Bail, Perverse Outcome? Assessing Judicial Prejudice in Bail Proceedings under the POCSO Act: Rajballav Prasad, Dharmander Singh, and the Delhi High Court
by Abhiram Nitin
The presumption of innocence is foundational to criminal law and must operate as a safeguard against prejudice during bail proceedings. However, the Indian Supreme Court has historically been inconsistent in clarifying the presumption's status as a right at bail, and has violated it in its bail jurisprudence, notably by prejudicially considering the seriousness of the alleged offence. Prejudice influenced by considerations of seriousness has also been explicitly legislated into the bail provisions of several of
Special Law, Regular Bail, Perverse Outcome? Assessing Judicial Prejudice in Bail Proceedings under the POCSO Act: Rajballav Prasad, Dharmander Singh, and the Delhi High Court
by Abhiram Nitin
The presumption of innocence is foundational to criminal law and must operate as a safeguard against prejudice during bail proceedings. However, the Indian Supreme Court has historically been inconsistent in clarifying the presumption's status as a right at bail, and has violated it in its bail jurisprudence, notably by prejudicially considering the seriousness of the alleged offence. Prejudice influenced by considerations of seriousness has also been explicitly legislated into the bail provisions of several of
Article
Self-Incrimination and Digital Evidence: Proposing a Framework Post Virendra Khanna
by Vadita Agarwal & Tanishq Kabra
The Karnataka High Court in its Virendra Khanna v. State of Karnataka (‘Virendra Khanna’) judgment pronounced that compelled decryption of electronic devices by the accused in a criminal case was not violative of the right against self-incrimination or the right to privacy. Though Virendra Khanna was subsequently held to be per incuriam in CBI v. Mahesh Kumar Sharma, India’s position on the intersection between self-incrimination and digital evidence is nascent at best. After analysing the
Self-Incrimination and Digital Evidence: Proposing a Framework Post Virendra Khanna
by Vadita Agarwal & Tanishq Kabra
The Karnataka High Court in its Virendra Khanna v. State of Karnataka (‘Virendra Khanna’) judgment pronounced that compelled decryption of electronic devices by the accused in a criminal case was not violative of the right against self-incrimination or the right to privacy. Though Virendra Khanna was subsequently held to be per incuriam in CBI v. Mahesh Kumar Sharma, India’s position on the intersection between self-incrimination and digital evidence is nascent at best. After analysing the
Editorial Note
The Curious Case of a Curative: A Contrarian Reflection on the Arbitral Award set aside in DMRC v. DAMEPL
by Ranak Banerji & Ria Kumar
This year, the Supreme Court of India (‘SCI’) chose to allow a curative petition in Delhi Metro Rail Corporation v. Delhi Airport Metro Express (‘DMRC Judgment’) to set aside a disputed arbitral award. The decision is momentous as it marks the first arbitral award set aside at the curative stage, which is the final stage of review our Apex Court offers. This invites our attention to revisit and inspect judgments involving curative petitions to cull
The Curious Case of a Curative: A Contrarian Reflection on the Arbitral Award set aside in DMRC v. DAMEPL
by Ranak Banerji & Ria Kumar
This year, the Supreme Court of India (‘SCI’) chose to allow a curative petition in Delhi Metro Rail Corporation v. Delhi Airport Metro Express (‘DMRC Judgment’) to set aside a disputed arbitral award. The decision is momentous as it marks the first arbitral award set aside at the curative stage, which is the final stage of review our Apex Court offers. This invites our attention to revisit and inspect judgments involving curative petitions to cull
Article
Preponderance of Probability and Presumptions of Guilt: Contextualising SEBI’s move towards Permissive Evidentiary Standards in Securities Regulation
by Sunandan Wadadekar & Mridul Anand
The Indian securities market is, of late, plagued by fraudulent activities such as insider trading and front running, exacerbated by technological advancements such as instant messaging. To combat the same, SEBI had often placed reliance on disconnected circumstantial evidence in regulatory investigations, with the Supreme Court’s progressive deference. However, recent Supreme Court verdicts have reverted to imposing a heavy burden of proof on the securities regulator. As a reactionary measure to these curbs, the SEBI
Preponderance of Probability and Presumptions of Guilt: Contextualising SEBI’s move towards Permissive Evidentiary Standards in Securities Regulation
by Sunandan Wadadekar & Mridul Anand
The Indian securities market is, of late, plagued by fraudulent activities such as insider trading and front running, exacerbated by technological advancements such as instant messaging. To combat the same, SEBI had often placed reliance on disconnected circumstantial evidence in regulatory investigations, with the Supreme Court’s progressive deference. However, recent Supreme Court verdicts have reverted to imposing a heavy burden of proof on the securities regulator. As a reactionary measure to these curbs, the SEBI
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NUJS Law Review Mentions
Justice D. Y. Chandrachud cites NUJS Law Review in his dissent in the judgement on the constitutional validity of Aadhar. He cites the article authored by Pratik Datta, Shefali Mehrotra and Shivangi Tyagi from Vol. 10(2) titled Judicial Review and Money Bills.
The Supreme Court of India has cited five articles published in NUJS Law Review in its historic judgement decriminalising homosexuality. The following authors have been cited with three articles being from the special issue of Vol. 2(3) - 1) Shamnad Basheer, Sroyon Mukherjee & Karthy Nair 2) Saptarshi Mandal 3) Tarunabh Khaitan 4) Robert Wintemute and, 5) Dipika Jain & Kimberly Rhoten.
Advocate Arvind Datar cites the NUJS Law Review article "Judicial Review and Money Bills" by Pratik Datta, Shefali Malhotra & Shivangi Tyagi to highlight that the judicial review of money bills is not precluded by virtue of the term "finality" in the matter pertaining to Aadhar as a money bill
The Ministry of Finance cites article by Rishad Ahmed Chowdhury in Volume 5 of the NUJS Law Review in the Economic Survey 2017 – 2018