NUJS Law Review
The Quarterly Flagship Journal of NUJS
Latest Articles
Volume 17 Issue 3 (2024)
Article
Lights, Camera and Action: Rethinking Personality Rights in India
by Jishnudeep Kolay
Recent litigation has seen personality rights jump to the forefront of legal debates. With no Supreme Court judgment on the same, the landscape is in the fray with several High Court decisions. The theoretical debate is where to ground the right — in privacy or in property. Some have argued that the courts in India have held personality rights to be part of privacy. This paper shows that the Indian doctrine is best explained as
Lights, Camera and Action: Rethinking Personality Rights in India
by Jishnudeep Kolay
Recent litigation has seen personality rights jump to the forefront of legal debates. With no Supreme Court judgment on the same, the landscape is in the fray with several High Court decisions. The theoretical debate is where to ground the right — in privacy or in property. Some have argued that the courts in India have held personality rights to be part of privacy. This paper shows that the Indian doctrine is best explained as
Article
Conversation on the Developments in Arbitration, the Arbitration Bar of India, and Careers in the Field
by Gourab Banerji
The NUJS Law Review was pleased to host Senior Advocate Gourab Banerji for an exclusive interview discussing key developments in arbitration in India, select international developments in arbitration, the recently inaugurated Arbitration Bar of India and careers in arbitration for Indian law students. The interview was hosted on December 23, 2024. The questions for the interview were prepared by the Board of Editors of the Review in discussion with Mr Banerji. The interview was conducted
Conversation on the Developments in Arbitration, the Arbitration Bar of India, and Careers in the Field
by Gourab Banerji
The NUJS Law Review was pleased to host Senior Advocate Gourab Banerji for an exclusive interview discussing key developments in arbitration in India, select international developments in arbitration, the recently inaugurated Arbitration Bar of India and careers in arbitration for Indian law students. The interview was hosted on December 23, 2024. The questions for the interview were prepared by the Board of Editors of the Review in discussion with Mr Banerji. The interview was conducted
Article
Rights, Remedies and Retrospectivity: The Curious Case of the Specific Relief (Amendment) Act, 2018
by Kaustav Saha
The Specific Relief (Amendment) Act, 2018 has fundamentally amended the law of specific performance in India by subordinating damages to specific performance as a contractual remedy. In 2023, the Supreme Court, in Katta Sujatha Reddy v. Siddamsetty Infra Projects Pvt. Ltd., held that the amendment applies prospectively. While the Court recently recalled the decision on merits, the finding on the applicability of the amendment was not dealt with and continues to remain good law. This
Rights, Remedies and Retrospectivity: The Curious Case of the Specific Relief (Amendment) Act, 2018
by Kaustav Saha
The Specific Relief (Amendment) Act, 2018 has fundamentally amended the law of specific performance in India by subordinating damages to specific performance as a contractual remedy. In 2023, the Supreme Court, in Katta Sujatha Reddy v. Siddamsetty Infra Projects Pvt. Ltd., held that the amendment applies prospectively. While the Court recently recalled the decision on merits, the finding on the applicability of the amendment was not dealt with and continues to remain good law. This
Note
Property and Preservation: The Role of Conservation Covenants under the Indian Transfer of Property Act, 1882
by Mahima Balaji
This article examines the potential for integrating conservation covenants within the framework of India’s Transfer of Property Act, 1882 (‘TPA’). Challenging the view of Indian property rights as crystallised and rigid, the article instead argues that the TPA can indeed incorporate environmental priorities, thereby reimagining property rights as valuable tools for conservation. Specifically, the article seeks to clarify both the scope and doctrinal basis for conservation covenants within Indian law, suggesting that these covenants could
Property and Preservation: The Role of Conservation Covenants under the Indian Transfer of Property Act, 1882
by Mahima Balaji
This article examines the potential for integrating conservation covenants within the framework of India’s Transfer of Property Act, 1882 (‘TPA’). Challenging the view of Indian property rights as crystallised and rigid, the article instead argues that the TPA can indeed incorporate environmental priorities, thereby reimagining property rights as valuable tools for conservation. Specifically, the article seeks to clarify both the scope and doctrinal basis for conservation covenants within Indian law, suggesting that these covenants could
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The NUJS Law Review uses its propriety citation style for all submissionsNUJS 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