Journal Of The Indian Law Institute

Author : Anonim
Publisher : Unknown
Page : 974 pages
File Size : 51,6 Mb
Release : 1998
Category : Law
ISBN : STANFORD:36105062167320

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Journal of the Indian Law Institute by Anonim Pdf

Author : Shimon Shetreet,Hiram E. Chodosh
Publisher : Oxford University Press
Page : 344 pages
File Size : 53,8 Mb
Release : 2015-06-18
Category : Law
ISBN : 9780199089475

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Uniform Civil Code for India by Shimon Shetreet,Hiram E. Chodosh Pdf

Article 44 of The Constitution of India, provides that 'The State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India.' Even after more than six decades, this anticipated code has not been developed or implemented. This book provides a blueprint for alternative frameworks and courses of action, drawing on lessons from comparative context to develop a Uniform Civil Code for India. It explores the interplay between issues of law, culture, and religion in light of various intra-community and inter-community disputes. The book proposes a series of guidelines and considerations to inform this process. The first guideline urges that the process of preparing and implementing a Uniform Civil Code should be the function of the Legislature. The Courts can resolve certain specific points but the comprehensive code is a legislative function and not for judicial resolution. The second guideline suggests the parallel application of civil and religious law. The securing of a Uniform Civil Code must not negate the possibility of citizens availing themselves of religious law-if they so wish. The third guideline advises a gradual application of a Uniform Civil Code. The development of the code should be done topic by topic, chapter by chapter. The fourth guideline is to deploy tools of mediation in both the formation of the code and its implementation. This mediation should take on two forms—intercommunity mediation and individual mediation. The first of these two relates to a dialogue between the communities of India, to advance an agreement upon the substantive provisions of the Uniform Civil Code. The second relates to mediation between individuals, in occasions where dispute arises in the realm of personal law.

Author : Archana Parashar,Amita Dhanda
Publisher : Taylor & Francis
Page : 349 pages
File Size : 52,8 Mb
Release : 2020-11-29
Category : Law
ISBN : 9781000083910

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Redefining Family Law in India by Archana Parashar,Amita Dhanda Pdf

This volume is a collection of articles by scholars across disciplines to create a discourse of family law independent of Religious Personal Law, whilst striving for fairness and justice to all. It demonstrates the artificiality of the public–private divide and seeks the systematic development of ideas for a fair and just family law in contemporary India. The book does not merely document the pathologies of power within the family but also makes proposals for remedying these inequities. It is not confined to considering what changes need to be inducted into existing family law to make it more just, but also strategises on the means and methods of effecting the change. It lifts the familial veil and scrutinises the status, rights and disabilities of some of the subordinated members of the family. The volume is an invitation to redefine family law with the twin tools of reflection and responsibility. It will interest those in law judges, legislators, law reformers as well as those in women and family studies, policy makers and policy analysts, apart from the general reader.

Author : Indian Law Institute
Publisher : Unknown
Page : 734 pages
File Size : 52,8 Mb
Release : 1991
Category : Law
ISBN : STANFORD:36105061561788

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Journal of the Indian Law Institute by Indian Law Institute Pdf

Author : Anonim
Publisher : Unknown
Page : 722 pages
File Size : 52,8 Mb
Release : 2006
Category : Law
ISBN : LCCN:2006454896

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Indian Legal System by Anonim Pdf

Contributed articles.

Author : Daniela Berti,Gilles Tarabout,Raphaël Voix
Publisher : Oxford University Press, USA
Page : 0 pages
File Size : 47,5 Mb
Release : 2016
Category : Civil rights (Hindu law).
ISBN : 0199463794

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Filing Religion by Daniela Berti,Gilles Tarabout,Raphaël Voix Pdf

This volume explores how court actions significantly shape Hinduism in Indian and Nepalese societies, perhaps even more so than the ideology of any political party. How do courts, within the framework of secularism, deal in practice with Hinduism? The approach developed is resolutely historical and anthropological and relies on in-depth ethnography and archival research.

Author : C.M. Abraham
Publisher : BRILL
Page : 191 pages
File Size : 44,7 Mb
Release : 2023-12-11
Category : Law
ISBN : 9789004635432

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Environmental Jurisprudence in India by C.M. Abraham Pdf

Within the last two decades, India has not only enacted specific legislation on environmental protection but has also virtually created a new fundamental right to a clean environment in the Constitution. The models and methods adopted in the Indian context appear, at first sight, similar to those in other common law systems. Yet there are many subtle differences which have changed the structure and content of legal development in India. Indian environmental jurisprudence brings out the unique characteristics of a new legal order which has gradually been established in India. The distinguishing nature of this jurisprudence, as this book shows in detail, has three interconnected elements. First, the nature of the new Indian constitutional law regime accords greater importance to public concerns than protecting private interests. Secondly, this jurisprudential development reflects certain aspects of Indian legal culture, through implicit and explicit reliance on autochthonous values and concepts of law, encapsulated in the Indian juristic postulate of dharma. Thirdly, the emerging Indian environmental jurisprudence bears testimony to the activist role of the Indian judiciary which has also had a significant impact in many areas other than environmental law. In short, the development of environmental jurisprudence in India manifests neo-dharmic jurisprudence in postmodern public law. It accommodates ideas currently voiced by experts around the world for protecting the environment in forms modified by the Indian legal culture.

Author : Bimal N. Patel
Publisher : BRILL
Page : 596 pages
File Size : 46,9 Mb
Release : 2008-02-06
Category : Law
ISBN : 9789047430803

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India and International Law, Volume 2 by Bimal N. Patel Pdf

India and International Law, volume 2 examines India’s policy and practical approach to modern and emerging subjects such as energy, investment, sports, banking, biotechnology, taxation, water courses, feminism, air law and role of India in UN reforms. The most discussed interlinked issues of civilian nuclear energy and nuclear weapons are analysed in two separate chapters. This volume also examines legal challenges and offers possible solutions in the area of private international law, which hopefully would serve the purposes of relevant policy-makers, judiciary, common men and women and 2.5 million Non-Resident Indians (NRIs).India and International Law, volume 2 will enable the readers to realize the sheer magnitude of legal challenges faced by India, hence, one way forward is to consider some of the suggestions offered by the authors. It is hoped that these two volumes will provide a useful framework for similar studies and will remain a must source of consultation for those who are interested in India’s state practice on international law.

Author : Stellina Jolly,Saloni Khanderia
Publisher : Bloomsbury Publishing
Page : 389 pages
File Size : 44,9 Mb
Release : 2021-10-07
Category : Law
ISBN : 9781509938209

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Indian Private International Law by Stellina Jolly,Saloni Khanderia Pdf

This book provides an authoritative account of the evolution and application of private international law principles in India in civil commercial and family matters. Through a structured evaluation of the legislative and judicial decisions, the authors examine the private international law in the Republic and whether it conforms to international standards and best practices as adopted in major jurisdictions such as the European Union, the United Kingdom, the United States, India's BRICS partners - Brazil, Russia, China and South Africa and other common law systems such as Australia, Canada, New Zealand, and Nepal. Divided into 13 chapters, the book provides a contextualised understanding of legal transformation on key aspects of the Indian conflict-of-law rules on jurisdiction, applicable law and the recognition and enforcement of foreign judgments or arbitral awards. Particularly fascinating in this regard is the discussion and focus on both traditional and contemporary areas of private international law, including marriage, divorce, contractual concerns, the fourth industrial revolution, product liability, e-commerce, intellectual property, child custody, surrogacy and the complicated interface of 'Sharia' in the conflict-of-law framework. The book deliberates the nuanced perspective of endorsing the Hague Conference on Private International Law instruments favouring enhanced uniformity and predictability in matters of choice of court, applicable law and the recognition and enforcement of foreign judgments. The book's international and comparative focus makes it eminently resourceful for legislators, the judges of Indian courts and other interested parties such as lawyers and litigants when they are confronted with cross-border disputes that involve an examination of India's private international law. The book also provides a comprehensive understanding of Indian private international law, which will be useful for academics and researchers looking for an in-depth discussion on the subject.

Author : Upendra Baxi
Publisher : Stranger Journalism
Page : 207 pages
File Size : 41,6 Mb
Release : 1982
Category : Justice, Administration of
ISBN : 9780706913699

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The Crisis of the Indian Legal System. Alternatives in Development: Law by Upendra Baxi Pdf

Author : DAS, JATINDRA KUMAR
Publisher : PHI Learning Pvt. Ltd.
Page : 856 pages
File Size : 50,9 Mb
Release : 2022-03-24
Category : Political Science
ISBN : 9788195161164

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HUMAN RIGHTS LAW AND PRACTICE, SECOND EDITION by DAS, JATINDRA KUMAR Pdf

The book, written with a rich teaching and research experience of the author, emphasises the critical evaluation of contemporary human rights law and practice with special reference to India. It evaluates the ongoing discourse on various issues relating to life, liberty, equality, and human dignity and their reflections in international human rights law referring to the state practices through constitutional guarantees, judicial decisions as well as through enacting appropriate legislations. This lucid and comprehensive book is logically organised into nine chapters. Beginning with the theoretical foundations of human rights law referring to origin, development, and theories of human rights at the preliminary level, the book proceeds to “International Bill of Human Rights” demonstrating various facets of civil and political rights as well as economic, social and cultural rights. It further discusses the importance of human rights law in protection against inhuman wrongs and examines a large number of debates concerning human rights to the development and protection of the environment. Then, it moves on to explore various issues relating to human rights in Indian Constitutional Law. The second half of the book emphasises the protection of the rights of women and children, which has been the focal point of all human rights discussions. It also deals with the scope and ambit of the rights of indigenous peoples and minorities including their protection. At the end, the book examines the utility and justifications of human rights law in protecting the rights of people with disabilities (divyang). NEW TO THIS EDITION • Law on HIV/AIDS Management • Covid-19 Management law • Legislative aspect of protection of the environment • Recent law on triple talaq • Decriminalisation of adultery • Right of Hindu women to offer worship in Sabrimala temple • Right to access to justice, judicial review, legal aid, and speedy trial • Surrogacy and reproductive right • Law on POSCO • Hard law and soft law, and Recent law on divyang Though the book is primarily designed for LL.B., B.A.LL.B., LL.M., and courses on human rights, it will be equally beneficial for the researchers, academicians, jurists, lawyers, judges as well as members of civil societies. TARGET AUDIENCE LL.B., B.A.LL.B., LL.M., and courses on human rights.

Author : Dr. Rajinder Verma
Publisher : Lulu.com
Page : 348 pages
File Size : 50,5 Mb
Release : 2024-06-29
Category : Electronic
ISBN : 9781365585456

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'MANAGEMENT OF NATURAL RESOURCES AND LAWS IN INDIA'. by Dr. Rajinder Verma Pdf

Author : Gurpreet Mahajan,Helmut Reifeld
Publisher : SAGE
Page : 344 pages
File Size : 55,8 Mb
Release : 2003-08-18
Category : Political Science
ISBN : 0761997024

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The Public and the Private by Gurpreet Mahajan,Helmut Reifeld Pdf

Papers presented at the Workshop: the Public and the Private Democratic Citizenship in a Comparative Perspective, held at New Delhi during 2-4 November 2000.

Author : George H. Gadbois
Publisher : Oxford University Press
Page : 280 pages
File Size : 53,8 Mb
Release : 2018-01-25
Category : Law
ISBN : 9780199093182

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Supreme Court of India by George H. Gadbois Pdf

A leading expert on Indian judiciary, George Gadbois offers a compelling biography of the Supreme Court of India, a powerful institution. Written and researched when he was a graduate student in the 1960s, this book provides the first comprehensive account of the Court’s foundation and early years. Gadbois opens with Hari Singh Gour’s proposal in 1921 to establish an indigenous ultimate court of appeal. After analyzing events preceding the Federal Court’s creation under the Government of India Act, 1935, Gadbois explores the Court’s largely overlooked role and record. He goes on to discuss the Constituent Assembly’s debates about Indian judiciary and the Supreme Court’s powers and jurisdiction under the Constitution. He pays particular attention to the history and practice of judicial appointments in India. In the book’s later chapters, Gadbois assesses the functioning of the Supreme Court during its first decade and a half. He critically analyzes its first decisions on free speech, equality and reservations, preventive detention, and the right to property. The book is an institutional tour de force beginning with the Federal Court’s establishment in December 1937, through the Supreme Court’s inauguration in January 1950, and until the death of Jawaharlal Nehru in May 1964.

Author : DAS, JATINDRA KUMAR
Publisher : PHI Learning Pvt. Ltd.
Page : 728 pages
File Size : 43,5 Mb
Release : 2021-02-01
Category : Law
ISBN : 9788194800217

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LAW OF COPYRIGHT by DAS, JATINDRA KUMAR Pdf

The book attempts to critically analyse the cases on the law of copyright as well as statutory provisions of law of copyright. When the first edition of the book was published in 2015, there was no readable and dependable book for the general reader interested to be acquainted with the changing features of the law of copyright immediate after the enactment of the Copyright (Amendment) Act 2012. Since the publication of this book, the Finance Act 2017 has introduced Appellate Board in place of Copyright Board as well as the Supreme Court and High Courts in India have also delivered a large number of judicial decisions on the law of copyright. In this edition the author has surveyed all such Courts decisions and analysed them and inserted them in appropriate places of the book and also examined the impact of the Appellate Board. It presents not only the provisions of the Copyright Act 1957 in the form of a normative, but points out the changes made thereon by formal amendments as well as conflicts of law which have been settled by judicial interpretations. The book is divided into ten chapters. Chapter 1 is introductory, while Chapters 2 and 3 discuss the origin and development of law of copyright at international as well as national level. The most important debatable issue in copyright law is “works in which copyright subsists”, and the Chapter 4 is devoted to this aspect. Chapter 5 explores various issues relating to author of work, owner of copyright and recognised rights of copyright owner. The terms of copyright, licensing of copyright, international copyright and registration of copyright are the subject matter of Chapter 6, while rights of broadcasting organisation and of performers (neighbouring rights) are the subject matter of Chapter 7. Internet is the greatest communication medium of the contemporary era, and there is an inherent link between law of copyright and internet. Therefore, Chapter 8 is devoted to discuss various issues relating to “protection of copyright in internet.” While Chapter 9 demonstrates the law relating to infringement of copyright and defences of copyright liability. Chapter 10, the concluding chapter, discusses the enforcement of copyright in India in detail. Though the book is designed for the undergraduate and postgraduate students of Law, it will be equally beneficial for the researchers, academicians, jurists, lawyers, judges as well as members of civil society. TARGET AUDIENCE • Undergraduate and postgraduate students of Law. • Researchers, Academicians, Jurists, Lawyers, Judges as well as members of Civil Society.